Told neighbor I pay for trampoline damage if I'm responsible, but am I responsible?

Aretnap

girlneedshelp wrote: »

If the court rules that it is not an act of God and believe that £2400 is completely reasonable, then I would imagine my home insurance would have to pay up, as they wouldn't be able to claim it's an act of God anymore. If they won't pay up for whatever reason, I'll find the money somwhere.

Just to be clear: your home insurance will cover any liability that you might have - provided you stick to your policy terms, eg by informing them of any claims promptly, and by doing what you tell them once you have informed them.

They're not refusing to pay out because it was an Act of God. They're refusing to pay out at this stage because they don't think that you're liable for the damage, and specifically they don't think that you're liable because they think it was an Act of God. If a court found differently, they would cover your costs.

(The distinction is important because there's an urban myth that insurance companies can get out of paying any claim they like simply by using the magic words "Act of God". It's not the case; if you read your policy documents you will not find the words "Act of God" anywhere, as there is no such exclusion. Rather it will say that it will cover your legal liabilities to other people - and an Act of God just happens to be one of many situations where you have no legal liability)

Stoke

Sounds to me that he wants 2400 quid pocket money and will leave the damage to the car.

Clown.

Tell him it's insurance or jog on.

girlneedshelp

Aretnap wrote: »

Just to be clear: your home insurance will cover any liability that you might have - provided you stick to your policy terms, eg by informing them of any claims promptly, and by doing what you tell them once you have informed them.

They're not refusing to pay out because it was an Act of God. They're refusing to pay out at this stage because they don't think that you're liable for the damage, and specifically they don't think that you're liable because they think it was an Act of God. If a court found differently, they would cover your costs.

(The distinction is important because there's an urban myth that insurance companies can get out of paying any claim they like simply by using the magic words "Act of God". It's not the case; if you read your policy documents you will not find the words "Act of God" anywhere, as there is no such exclusion. Rather it will say that it will cover your legal liabilities to other people - and an Act of God just happens to be one of many situations where you have no legal liability)

Thanks for explaining that point, as it hadn't quite sunk in, so that's a lot clearer for me. I'll update you folk as soon as this situation progresses.

Warwick_Hunt

girlneedshelp wrote: »

I'm going to tell him (probably this evening) that I don't have an issue with him getting the car fixed at the place of his choosing for whatever it costs, so long as my home insurance is paying for it. My home insurance basically wants him to bring me to small claims court to establish that liability, and I'll be completely honest about everything in court if asked (eg. the storm, not having the trampoline tied down, etc.) Hopefully, he gets his money, and we don't fall out, as I do see him rather frequently along our long shared fence. I just don't have this sort of money lying around the house, and I don't particularly think it's reasonable. If the court finds in his favor for the whole £2400, then fine, the home insurance can pay for it... hopefully.

As long as you're happy with the possibility of a court judgement against you.

Tom99

Warwick_Hunt wrote: »

As long as you're happy with the possibility of a court judgement against you.

[FONT=Verdana, sans-serif]Does a court judgement against you find its way onto your credit file, or is it only if you don't pay up as directed by the court?[/FONT]

girlneedshelp

Warwick_Hunt wrote: »

As long as you're happy with the possibility of a court judgement against you.

Why should that worry me if my home insurance is going to pay him if I'm found legally responsible?

girlneedshelp

Tom99 wrote: »

[FONT=Verdana, sans-serif]Does a court judgement against you find its way onto your credit file, or is it only if you don't pay up as directed by the court?[/FONT]

I found this online "How long will a CCJ stay on my credit file? Unless you repay the full amount of the CCJ within one month, it will stay on your credit file for six years."

So as long as it's paid in a month, it shouldn't impact credit. On that note, there is no reason to pay him £2400, when 1. it's very possible he may not win the case, or the entire amount he is seeking and 2. the home insurance will pay out if I'm found responsible for the damage to his car.

GunJack

Small Claims Court isn't the same... CCJ is when you have a debt and the creditor trys to claim it, which, by the sound of it, whichever way the court decides, you won't have...either it's for him to claim off his insurance or yours pay out. Or put it another way, you haven't defaulted on anything to have a CCJ against you...

Car_54

Warwick_Hunt wrote: »

As long as you're happy with the possibility of a court judgement against you.

In your first post you said "My home insurance has an exemption for trampolines".

Has that somehouw disappeared?

Aretnap

Car_54 wrote: »

In your first post you said "My home insurance has an exemption for trampolines".

Has that somehouw disappeared?

Somewhere around page 3 we established that it means they won't pay for damage to trampolines. It doesn't mean that that their liability cover won't pay for damage caused by trampolines (assuming the policyholder is liable).