Neighbour's Wheelie Bin Damaged my Car

Quentin

MercOwner wrote: »

Fair enough, it's not that big a deal I know. It sounds like it's not worth suing over, but it's a pain to lose my NCD!

It's not that it's not worth suing over, it's pointless suing! (It costs you to sue someone, so you will end up wasting money if you attempt it)

MercOwner

I've decided to write a legal letter threatening to sue if they don't pay. They might just pay to make it go away then, and I won't need to follow through.

undaunted

MercOwner wrote: »

It was quite windy, but nothing unusual. The bins had just been emptied, so they were lighter than normal and could easily blow over. If it hadn't been left so close to the boundary of my driveway, it would never have damaged my car. It seems obvious to me that it's their fault,

To be fair it isn't quite so obvious to me. It was an accident not necessarily something I would call their fault. What is clear to me though is it's not your fault either & under these circumstances I wouldn't expect to pay for it either.

If they were long standing neighbours who you were on good terms with I might have thought differently but they appear to be not only new but unco-operative and unreasonable in my view. I would therefore take it to court personally, on principle, if they didn't decide to become more reasonable - e.g. at least offer you 50% of the damages.

Some Councils are insured for this kind of thing, some not. Negligence would have to be proven either way but a solicitor might recommend you try claiming on their insurance as you suggested. Eg http://www.justanswer.com/uk-property-law/2q9xf-neighbour-says-responsible-damage-caused.html

As to foreseeability this is hardly an unknown occurance so you could surely argue that a reasonable person would expect that they would / should have foreseen the possibility without you having to tell them / ask them to move it (as was suggested above). Eg http://www.theaa.com/newsroom/news-2012/insurance-claims-high-winds.html

SeduLOUs

undaunted wrote: »

To be fair it isn't quite so obvious to me. It was an accident not necessarily something I would call their fault. What is clear to me though is it's not your fault either & under these circumstances I wouldn't expect to pay for it either. I would therefore take it to court personally, on principle, if they didn't become more reasonable - e.g. at least offer you 50%

Why would a court order them to pay anything at all for an 'accident' that wasn't their fault?

magpiecottage

MercOwner wrote: »

I've decided to write a legal letter threatening to sue if they don't pay.

Writing a letter containing a threat with intent to cause distress to the recipient unless to reinforce a demand that you do not have reasonable grounds to believe was a proper means of reinforcing that demand is a criminal offence under the Malicious Communications Act 1988.

Therefore, what you propose seems to be an illegal letter!

MercOwner

Thank you undaunted! My thoughts exactly.

rs65

undaunted wrote: »

As to foreseeability this is hardly an unknown occurance so you could surely argue that a reasonable person would expect that they would / should have foreseen the possibility without you having to tell them / ask them to move it (as was suggested above). Eg http://www.theaa.com/newsroom/news-2012/insurance-claims-high-winds.html

From your link:-
If your own car is struck by an airborne trampoline, bin or roof tiles, a claim against the owner cannot be made unless negligence can be proved which, following a severe storm, is not very likely.

If you have comprehensive cover you should claim through your insurer in the normal way.

Quentin

MercOwner wrote: »

Thank you undaunted! My thoughts exactly.

Thing is, undaunted is saying what you want to hear!


Why bother coming for advice and then totally ignoring the wealth of advice given when in fact you just want someone to agree with your (wrong) way of looking at this?

MercOwner wrote:

I've decided to write a legal letter threatening to sue if they don't pay.

As you have been repeatedly told by numerous posters, suing is going to involve you in unnecessary wasted expense - so what are you going to do when your "legal" letter is ignored?

MercOwner

They're quite young, so I don't think they'll have much experience with legal matters and hopefully the threat of going to court will make them think it's worth paying. If they ignore it, they ignore it, but I don't think they will somehow.

jonesMUFCforever

MercOwner wrote: »

They're quite young, so I don't think they'll have much experience with legal matters and hopefully the threat of going to court will make them think it's worth paying. If they ignore it, they ignore it, but I don't think they will somehow.

.......... But they will surely ask someone - not just write you a cheque - if they have a have a chequebook.