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

Kim_kim

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.

I don’t have my trampoline restrained. It has to be moveable for when the lawn is mowed.
This thread has given me something to think about!!
I may give mine away, it’s there for my grandchildren & they don’t visit me much, I go to them.

AdrianC

bertiewhite wrote: »

So the general consensus in this thread is that the owner of a trampoline in this thread is responsible for it hitting a neighbour's car.

Yet in this thread

https://forums.moneysavingexpert.com/discussion/5719393

some posters say it's the car owners fault for being parked where a bin might hit it.

Is it foreseeable that a bin in an exposed position will be blown over, where it's been blown over many times before?

Is it foreseeable that a trampoline (which you may not even be aware is behind a tall fence) will be blown away, where it's not been blown away for years previously?

Equally, is it negligent not to secure a trampoline when there are well-forecast storms coming?

Blame is not a simple one-person-only matter. The person leaving the bins there clearly also carries blame, because they are obviously not in a sensibly sheltered location. But can they be left anywhere that IS secured against high winds? They are light and easily blown around.

It's a moot point as to which way the law would view any claim against the trampoline owner - because he's already accepted liability.

chrisw

I had a similar situation with one of these plastic greenhouses which blew over and hit the window cleaners car parked next door. I contacted my house insurance who said I wasn't liable and that he should contact his car insurance.

He wasn't happy when I told him but that's how it is.

Tom99

Is this your neighbour. Is so thay say they have an estimate for £380!

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

Aretnap

girlneedshelp wrote: »

My home insurance has an exemption for trampolines, so I'm stuck with the bill.

Are you sure about this? The liability section of home insurance policies is normally wide-ranging, and would have separate exclusions to the main contents cover. An exclusion relating to trampolines might just mean that the insurer won't pay for damage to the trampoline itself - they might still pay for damage caused by the trampoline, assuming you were actually liable for it.

Who is your home insurer and what is the actual wording of the exclusion?

Aretnap

AdrianC wrote: »

It's a moot point as to which way the law would view any claim against the trampoline owner - because he's already accepted liability.

Not really - the OP is not an expert in liability law, and a verbal admission of liability immediately after the incident, before he has had chance to take legal advice, doesn't carry a great deal of weight.

girlneedshelp

Aretnap wrote: »

Are you sure about this? The liability section of home insurance policies is normally wide-ranging, and would have separate exclusions to the main contents cover. An exclusion relating to trampolines might just mean that the insurer won't pay for damage to the trampoline itself - they might still pay for damage caused by the trampoline, assuming you were actually liable for it.

Who is your home insurer and what is the actual wording of the exclusion?

Thank you for pointing that out! I was wrong about the policy, and just got off the phone with the insurance company. They say the trampoline damage is not specifically excluded, but that they would more than likely consider it an act of God. They told me that it would similiar to a tile coming off the roof. I know it's not that simple, as a trampoline isn't the same thing. The insurance company suggested telling the neighbor to claim off their car insurance. I know that won't fly with the neighbor, and I personally understand his point, as it would increase his premiums. He'd never do that in a million years for that reason alone.

A hard lesson learned...

bertiewhite

AdrianC wrote: »

The person leaving the bins there clearly also carries blame, because they are obviously not in a sensibly sheltered location. But can they be left anywhere that IS secured against high winds? They are light and easily blown around.

I agree - but some seemed to think that the car driver shouldn't be parking his car on his own driveway, not that the neighbour should be securing the bins.

AdrianC

girlneedshelp wrote: »

...but that they would more than likely consider it an act of God.

Mmm.

The insurance company suggested telling the neighbor to claim off their car insurance. I know that won't fly with the neighbor, and I personally understand his point, as it would increase his premiums. He'd never do that in a million years for that reason alone.

He needs to inform them for the next five years anyway.

Stoke

bertiewhite wrote: »

So the general consensus in this thread is that the owner of a trampoline in this thread is responsible for it hitting a neighbour's car.

Yet in this thread

https://forums.moneysavingexpert.com/discussion/5719393

some posters say it's the car owners fault for being parked where a bin might hit it.

Indeed bertie, but the guy in that thread has a nearly brand new Octavia on PCP. You can see the MSE Issue with that, i.e. he deserved it.

Advice on this forum, seems very sketchy these days and is usually tailored to what car you drive. Of course, the vehicles haven't been mentioned in this thread. Had the OP mentioned it was a Beamer 3 series then half of MSE would have been outside the guys house protesting. Had she mentioned it was a Dacia, then those same people would be outside her house protesting.

Just one of those things.

The reality is, a trampoline that has sat for 10 years and not moved cannot realistically be expected to move in a bit of wind. There's all kinds of things in my garden, plant pots etc. Am I supposed to go and move them if it gets a bit windy outside?

The OP didn't expect there to be an issue, therefore I can't see how she's been negligent. OP, you've been a lot more pleasant than some people. I've had my car bashed in car parks before and been told to go and..... 'do something' yourself, if you get what I mean.... despite the fact bashing someones car isn't a particularly nice thing to do.

Get 3 quotes, offer to pay the cheapest. If he refuses. Tell him go through insurance. Don't pay bloody 2 and a half grand because Norris next door demands it.