Claim against neighbours insurance and privacy

barbara2867

I know, weird isnt it... I thought that this forum, which has been so helpful in the past with people sharing their RELEVANT experience, would be the place to ask a simple question and get a SIMPLE answer and insight into other people's experience.... And here we are, what a mistaken idea that was :rotfl::rotfl::rotfl::rotfl:

huckster

How would you get the neighbours Insurance details ? They would have to volunteer the info and that seems doubtful.

Claim on your own Insurance and provide them with all info you have obtained. If they want to seek a recovery, they will write to the neighbour. I suspect your Insurers won't bother.

BooJewels

barbara2867 wrote: »

I know, weird isnt it... I thought that this forum, which has been so helpful in the past with people sharing their RELEVANT experience, would be the place to ask a simple question and get a SIMPLE answer and insight into other people's experience.... And here we are, what a mistaken idea that was

You also have to take some responsibility for that yourself, I had a view on the photo/privacy aspect to offer, but when I saw the tone you were taking with people who all gave valid answers in this place (i.e. posted an insurance question in an insurance forum) and had deleted your opening post (I'd read it earlier when I wasn't logged in to reply), decided not to waste time on someone who seemed unlikely to return. People who post in that manner don't tend to be open to any view that doesn't reinforce the course of action they've already decided upon.

For what it's worth - if someone is in a place they could reasonably expect to be private - i.e. their own [back?] garden - then your photo would be considered a breach of privacy and perhaps it would be unsound to use it. If he'd been doing something in the street at the front of the house, then that would be considered in public view and therefore less sensitive, in a photographic sense.

benten69

In my experience his insurers wont even talk to you directly. I had an issue where my roof tile came off in high winds and hit my neighbours car, breaking a side window. They politely informed me of what happened as I had no idea.

So I called my insurers and told them what happend. I also asked how to proceed in terms of getting the neighbours car fixed and the response I got from them was that they will not deal with the neighbours car at all unless the neighbour contact their insurers and the neighbours insurers come to my insurer and they will sort it between themselves.

I even got my insurer to send me a letter stating exactly what they had told me so I could show the neighbours I wasn't being awkward and that was just the insurers way of how they said it had to be dealt with.

So for your scenario, first speak to your neighbours. Then no matter what, you will be going through your own insurance to claim off of theirs, there is no way around that I'm afraid.

System

The photos are irelevant anyway. A photograph can't show someone "hastily" raking ashes, that's your interpretation. It could just as easily show someone responsibly damping down his bonfire afterwards so that it could be left without risk.

You need to send photographs of the damaged fence and the gutted dog kennel to your insurance company and leave it up to them, that's what you pay them for. But unless there is evidence of your neighbour's negligence then they won't take any action against him.

barbara2867

Thank you Clifford, there is more to it than that in that the attending fire officers also spoke to him and gave him fire safety advice about not having an open bonfire on a windy day in a relatively enclosed space and I have a feeling their report will add a little more credence to the negligence side of things, but thank you for your help

eddddy

Why don't you just claim from your neighbour?

Then the neighbour can choose whether to pay you directly, or involve their insurers.

If the neighbour refuses to pay, take the claim to the small claims court.

(It might have less impact on your insurance premiums, if you don't make a claim on your insurance, but just report a loss instead.)

Quentin

Taking the neighbour to court does involve you in paying all court fees upfront.

You can only get these back off the defendant and only if you win and the defendant can pay

So best to get legal advice on your chances before embarking on this course (You would have to prove the defendant was negligent in order to win)

Claiming off your own policy if this damage is covered is the best way forward.

If you have no cover for this then don't involve your insurer! Once notified of the loss it will be put on your record and must be disclosed to other insurers you approach for quotes in the future

Blibble

barbara2867 wrote: »

And yet the neighbours insurers haven't said go away you aren't insured with us! If you have no relevant expertise or knowledge to be able to answer the question I have asked, which is are there any privacy implications regarding the photo I took of him trying to cover up his negligence, then please don't comment. I have already spoken to the guy and he is denying any responsibility but has asked his insurance company to deal with it. Thank you to those who have offered comments on the question I actually asked :beer::T:T

They most likely would if you called them. HE HAS ASKED HIS INSURANCE COMPANY to deal with it, however, so that's a different kettle of fish as he has instructed them.

Home insurance isn't a liability (fault / no fault) policy like motor insurance. If there's damage to your property, you would need to claim off your insurance &, if they felt negligence was at play from the third party (as advised by Clifford), they would pursue a recovery accordingly. However that is a decision between your insurer & their insurer.