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

Money_maker

Did the trampoline come with restraints you chose not to use? As the trampoline had been there 10 years and never moved in any wind conditions during that time, I cannot see how the OP could have known this was going to happen and as such was an accident that the neighbour will have to claim off their own insurance. When we get posts on here about cars damaged by neighbours wheelie bins etc. the general consensus seems to be that it is just something their car insurance has to cover. Dont see why this should be any different for a 10 year old fixture which has no previous history of movement and is separated by a six foot fence.

Warwick_Hunt

https://forums.moneysavingexpert.com/discussion/5729865

Stoke

What car is it? If it's a Beamer then you're in the clear. If it's a Dacia, then you're very much guilty. If you own a Beamer then you're doubly guilty. That's the current MSE logic.

Personally, I'd apologise but tell them to claim on insurance. Maybe you can claim on your house insurance? I doubt you're actually to blame. If a bin can smash into a car and it be nobody's fault then how is this different?

elsien

On the basis of no legal expertise whatsoever, I think your neighbour's expectations are too high. In his place I'd be putting it down to a freak accident and claiming on my insurance.
I'd at least be wanting more quotes and looking to see if there is any scope for compromise. Saying he'll only go to one dealership and a bill that's half what the car is now worth is ridiculous.

motorguy

facade wrote: »

I'd have thought that depends on where the trampoline was, if the trampoline instructions warned that it needs securing in high winds (are there securing fixings? is it designed to quickly come apart and store inside?) , the history of wind damage in the area, whether there was a severe weather warning in place specifically mentioning high winds etc,....

It comes down to whether the OP was negligent, or not.

If a reasonable person would expect that trampoline to jump a 6 foot fence from where it was sited, then likely he is negligent. If it was round the back in reasonable shelter, likely not.

I mean, everybody knows that fence panels break in half and come out of the posts in a high wind, but how many people take them all out and put them in a garage where they can't blow around? Are they negligent if a panel blows out and hits someone?

Its the O/Ps trampoline. An "act of god" took it out of their garden and dumped it on a neighbours car. Its THEIR fault. End of.

Fences are secured into the ground, its YOUR responsibility to ensure its secured in such a way as to not blow over and do damage to someone elses property. If it does you would be liable.

If you have a fence you need to ensure it is secured to cope with high winds. Likewise if you have a trampoline you need to ensure it is secured to cope with high winds.

motorguy

elsien wrote: »

On the basis of no legal expertise whatsoever, I think your neighbour's expectations are too high. In his place I'd be putting it down to a freak accident and claiming on my insurance.
I'd at least be wanting more quotes and looking to see if there is any scope for compromise. Saying he'll only go to one dealership and a bill that's half what the car is now worth is ridiculous.

Why should the neighbour suffer increased premiums for something he wasnt liable for?

Likewise if thats the cost of the damage, what bearing is there on the price of the car? Should the owner just say "sure not to worry, i know my car is only a year old but just stick some fillers in it and give it a blow over"?

Stoke

motorguy wrote: »

Its the O/Ps trampoline. An "act of god" took it out of their garden and dumped it on a neighbours car. Its THEIR fault. End of.

Fences are secured into the ground, its YOUR responsibility to ensure its secured in such a way as to not blow over and do damage to someone elses property. If it does you would be liable.

If you have a fence you need to ensure it is secured to cope with high winds. Likewise if you have a trampoline you need to ensure it is secured to cope with high winds.

I think you're jumping to conclusions, it might be a Beamer, or better yet a Merc, let's just wait and see eh?

girlneedshelp

Money_maker wrote: »

Did the trampoline come with restraints you chose not to use? As the trampoline had been there 10 years and never moved in any wind conditions during that time, I cannot see how the OP could have known this was going to happen and as such was an accident that the neighbour will have to claim off their own insurance. When we get posts on here about cars damaged by neighbours wheelie bins etc. the general consensus seems to be that it is just something their car insurance has to cover. Dont see why this should be any different for a 10 year old fixture which has no previous history of movement and is separated by a six foot fence.

There was definitely no restraints included with the trampoline, as I just double checked on the manufacturer's website. I'm not really sure what to do, but I'm considering contacting a solicitor. I can understand repairing the dents and repainting, but I'm not convinced about brand new parts, etc.

SarahRob

I'd tell him to claim from his insurers, he may think twice about going through that hassle and go somewhere else to get the car fixed at a more reasonable cost.

£2500 isn't something most people can pull out of their back pocket. So setting up a payment plan with him could be an option?

I have a friend who fixes dents from battered cars and they come out like new, so getting new panels isn't always needed. He is clearly just being awkward.

I believe it's neither his fault nor yours, just bad luck what with terrible weather.

Stoke

motorguy wrote: »

Why should the neighbour suffer increased premiums for something he wasnt liable for?

Likewise if thats the cost of the damage, what bearing is there on the price of the car? Should the owner just say "sure not to worry, i know my car is only a year old but just stick some fillers in it and give it a blow over"?

Why do I still suffer increased premiums because of someone's bad driving several years ago?