We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
Neighbour's Wheelie Bin Damaged my Car
Comments
-
foxtrotoscar wrote: »Why didn't you move your car out of harms way if it was in danger of being hit by the bin? Are you not liable?
My car was parked on my driveway! I don't have a garage, where else am I supposed to put it?!0 -
My car was parked on my driveway! I don't have a garage, where else am I supposed to put it?!
You could have put it on the road for 5 minutes while you went and knocked on their door and told them about the potential for damage your crystal ball was telling you about.
If it was so obvious that they should have forseen it you have no excuse for not also forseeing it (the fact that, as every poster in this thread knows, you're just relying on 20/20 hindsight here and this really *wasn't* such an obvious forseeable problem is an aside for now) and if you forsaw it and intentionally left things as they were to allow the damage to happen, you're every bit as liable as they are.0 -
The court may consider the neighbour negligent. I personally don't think they will. The test of negligence is what a reasonable person would have done. I don't know anyone who ties there bin down. It would be up the OP to allege negligence and I don't think lack of tying down would convince the courtIf the Court considers that they were negligent then they may order them to pay for the damages, accident or not.
Liability insurers pay out for liability.Insurers have to pay out for accidents all the time.
The court won't have to decide on that - that isn't a point that will be tested. The court will only decide if the neighbour has to pay. If the OP chooses to claim on their car insurance then their car insurer will pay. They have a contract that says they will pay - negligence of others doesn't matter.Why do you believe that the Court would say that Mercowner or their insurers should pay for something that wasn't his / her fault either?0 -
My car was parked on my driveway! I don't have a garage, where else am I supposed to put it?!
So going by that comment- If you return home from work in 3 months time and see that your neighbours wall is leaning dangerously onto your driveway will you still park there because you don't have a garage and its 'your drive' or will common sense prevail and make you put your car out of harms way?0 -
Owning a Mercedes does not necessarily make someone rich. Nothing has been said about the cars age, model, the owners wealth etc!
You are quite right; it doesn't necessarily make them very bright either. In fact I suspect they can't really afford the car as they are so concerned with what, in Merc terms, is relatively minor damage.0 -
-
foxtrotoscar wrote: »I suggest out of harms way..on the street/round the corner ie well away from the hazard?
What?! So now I can't even use my own driveway because next door put their bins in a really stupid place right next to it? Of course if there was a cruming wall next to it I wouldn't pair there- I'd tell them to fix it right away!0 -
What?! So now I can't even use my own driveway because next door put their bins in a really stupid place right next to it? Of course if there was a cruming wall next to it I wouldn't pair there- I'd tell them to fix it right away!
Exactly! If there was a crumbling wall you wouldn't park there. so you would find somewhere else. You wouldn't park there because you would be able to see the threat to your car.
However you did park where the bin is and so you obviously couldn't see the threat to your car and yet you expect your neighbours to have seen it.
You seem to be so obsessed with 'its my driveway, I will park in it whatever' but you are responsible for your own car. I live at the bottom of a cul-de-sac with open plan gardens. On bin days when I leave for work there bins out from 8 houses at my front, a total of 16 bins. On windy days we often come home to bins lying on their sides and strewn around the parking bays as the bin wagon backs in then leaves all the bins together in the centre of the turning point. If any blew onto any of our cars on bin day it would be bad luck but we have a choice, park elsewhere on bin days or take the risk. You had a choice, you knew there was a gap in the fence the bin could come through but you still parked there.
I love you're 'Id tell them to fix it right away!' you are obviously a dream neighbour, lets hope you never need help from these people.0 -
I can never understand:
- why anyone would go to such lengths rather than accept that stuff happens and this is why you have insurance
- why it always has to be someone else's fault
- why anyone would want to fall out with their neighbours over a few hundred pounds
0 -
I can never understand:
- why anyone would go to such lengths rather than accept that stuff happens and this is why you have insurance
- why it always has to be someone else's fault
- why anyone would want to fall out with their neighbours over a few hundred pounds
It doesn't always have to be someone else's fault- it's just in this instance I feel it is, and judging by some of the other posters I'm not alone.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 350.1K Banking & Borrowing
- 252.8K Reduce Debt & Boost Income
- 453.1K Spending & Discounts
- 243.1K Work, Benefits & Business
- 597.5K Mortgages, Homes & Bills
- 176.5K Life & Family
- 256.1K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards