Phonebox blown up by firework hits partners car - is owner of box be liable?

lukecalladine

Hey all,

Further to the title - at 1am on Sunday morning some bright spark (is that too punny?) decided to light a firework in the Phone box outside our house - the resulting explosion blew the old wooden style door right off its hinges and into my partners car. We did inform the police who told us to wait 3-5 days for a crime reference number.

Initially we thought the damage was just a dent in the back-right passenger door panel just above the door handle which we weren't going to claim for because it looked superficial - however we learned yesterday morning that that the dent has damaged the internal door mechanisms as the door will no longer open.

I rang our insurance company (Admiral) to check on what a potential claims procedure would entail and they said that because it was BT and the nature of the damage, our insurance company would have a tough time claiming the money back and that ultimately pursuing a claim would increase my partners premiums in the future.

To confuse things even more - BT may not even own the phone box as they allow local and parish councils to adopt box!

Now I don't mind chasing this up personally with the owner of phone box to save the hassle of a premium rise (we are quite young) but I don't really want to start the process without atleast being certain that they might be liable?

I assume this sort of thing is what public liability insurance is for or have I got that wrong?

Browntoa

You've got it wrong , if the door had fallen onto the car because of negligence on the owners part then you may have a case but this was mindless vandalism

lukecalladine

Ah okay - thanks Browntoa for a quick response - I thought I might've been clutching a straws!

nidO

Your claim has nothing to do with the owner of the phone box whether BT or a local council, it's not their fault or negligence that someone blew the door off.

Your claim for your damages are against the person who put the firework in the box and lit it.
If you have no idea who that is then unfortunately it's going to be you claiming on your insurance, and it being a fault claim.

Quentin

lukecalladine wrote: »

...I rang our insurance company (Admiral) to check on what a potential claims procedure would entail and they said .....

However you decide to deal with this, now that you have contacted your insurer the loss will be on your record and you must disclose it to other insurers you approach for quotes as part of your claims/losses history. Insurers ask for your history over the previous 3/5 years. This could increase your premiums.


Next time don't contact your insurer over an incident unless you are certain a claim will be made.

lukecalladine

Quentin wrote: »

However you decide to deal with this, now that you have contacted your insurer the loss will be on your record and you must disclose it to other insurers you approach for quotes as part of your claims/losses history. Insurers ask for your history over the previous 3/5 years. This could increase your premiums.


Next time don't contact your insurer over an incident unless you are certain a claim will be made.

I didn't provide them with any identifiable information apart from the direct details of the incident (i.e. firework -> phone door -> car door)

We should be okay on that front?

Quentin

If they don't know who contacted them then ignore #5!

superbigal36

"You're only supposed to blow the bloody doors off!"

Charlie Croker, The Italian Job

lisyloo

If you can get by for now using the other doors, then I'd investigate whether there are cheaper ways to fix the door i.e. can the locking mechnism just be replaced, can it be reapired, or could you get a complete new door from a scrapyard.
Unfortunately you would get penalised if you claimed both in loss of no claims bonus and loaded for the loss too, so unfortunately insurance is just not much use for small claims.

If you haven't had it looked at then it might be possible to repair both the mechanism and the dent without major parts replacement.
Do you know a good backstreet garage near you as opposed to a high street dealer?

If it's a really nice new car then you might choose to claim but at least you know you will face premium rises for a few years.

forgotmyname

Probably cheaper to get a garage to sort the lock, probably something minor providing the door is not dented in and preventing it from opening.

If its dented but superficially as you mentioned then a quick job with a dent puller should have it looking even better and with a working lock.

magpiecottage

If the culprit is caught, you could put in a claim against them. However, that is unlikely - and if they are, there is no guarantee they have any money.

However, as has been said, you have no claim against the owner of the box because it is not their fault. They are simply another victim of the crime.