Damage to car from neigbours trampoline

Aylesbury_Duck

Hm121 wrote: »

Thank you all for the replies.

To begin with he never took any action to secure it, it's been on the front garden for the last week or so in the open on the grass so no walls or fences to box it in.

I agree its my trusted bodyshop but I have been to other body shops for paint work who have done awful jobs and I have had to have them corrected again at more cost. The bodyshop I have chosen can guarantee the paint job as I have used them before and they have done a fantastic job and at the end of the day it's a pcp car and I can't just hand it back with a dodgy paint job as it will just cost me more when I give it back.

I have spoken to his insurers but they won't let me make a claim though them, they are saying I have to claim through my own car insurance who then might be able to recover the costs back, but this is a huge risk as there is no guarantee I will get my excess back and the excess is practically the same price as the repair cost.

You say do I want to fall out with my neighbour over £300, honest I don't but if I was in this situation I would of found a way to cover the costs as I would of been responsible. All he's tried to do is worm his way out, I tried to offer some solutions but he blatantly disregarded them and basically told me to f*** *** last night, he said if any other neighbour had done this they wouldn't of paid anythinng and told me to do one which isn't true.

So I assume the £300 is off the table now anyway then?

Small claims it is then.

caprikid1

"I have spoken to his insurers but they won't let me make a claim though them, they are saying I have to claim through my own car insurance who then might be able to recover the costs back, but this is a huge risk as there is no guarantee I will get my excess back and the excess is practically the same price as the repair cost"


His insurance company will of course tell you this as it's their first line of not paying. Incidentally which insurance company is it ?


I cannot see how he is not liable and consequently them.


The key is Negligence and he clearly has been in my opinion.

Hm121

If I wanted i could still accept the £300, but I am not prepared to take half, even though he's my neighbour I don't see why I should end up out of pocket, and to even offer half the bill and think everything is going to be fine is just an insult to be perfectly blunt.

His insurance is nationwide, I have just spoken to them again but this time they have taken my details and say they will contact him and get back to me today. I guess I will just have to wait and see what they say, funny how the first several people I spoke too were not interested and wouldn't even take any details, I guess it all depends on who's on the other end of the phone

To be honest I'm not entirely sure he ever even contacted his insurance to begin with and has just lied about it all.

EmmyLou30

Every storm we get I pray this isn't going to happen to me as none of the idiot neighbours secure their bl**dy trampolines >:-( The smallest and most easily lifted is the other side of the fence to my car and I genuinely get stressed out in bad weather about it. Thing is from previous threads on here the gist is you end up wildly out of pocket because of it as you claim off your own car insurance and that's that, the neighbour gets off scot free.


Seems very unfair to me as clearly they should bear the cost as they didn't secure the trampoline. Especially in this case as storm Hannah was publicised and came with a severe weather warning (which may help your case OP in proving negligence - only a complete idiot wouldn't tether a trampoline down in a storm). I hope you manage to recover your costs OP, keep us updated.

couriervanman

kazwookie wrote: »

I'd take him to the small claims court along with your cctv, and be done with it.

+1.....He's trying it on with you small claims court especially if you have cctv

wymondham

You shouldn't be out of pocket at all as it was damage caused by their property... but does this come under 'act of god' ?

foxy-stoat

wymondham wrote: »

You shouldn't be out of pocket at all as it was damage caused by their property... but does this come under 'act of god' ?

Only if the other party was negligent in not securing the trampoline, which it seems that they were....unless the judge thinks that the OP should of spoken to the neighbour after a few days and asked if it was secured if they intended on leaving it there for days on end when the storm was on the news, contributory negligence, deduct 50% of the award.

Hm121

I don't believe in acts of God nor do I believe in destiny, an act of God would imply the outcome was unavoidable and the truth of the matter is it could of all been avoided if he had taken the appropriate steps and secured his trampoline, but hopefully his insurance will get back to me with some good news.

foxy-stoat

Your legal liability as a property owner.
We’ll cover your family’s legal liability for damages
and costs to others which results in:
• accidental death, disease, illness or accidental
physical injury to anyone
• accidental damage to physical property

Excluding
Liability accepted by any of your family under
any agreement, unless the liability would exist
without the agreement.

Your family must take all reasonable steps to avoid incurring liability and prevent
loss or damage to everything covered by this insurance, and to keep all the property
insured in good condition and in good repair.

Taken from their policy booklet....this wasn't accidental damage, you will be pursuing a negligence claim.

[Deleted User]

Shame you didn't quote him £1,200 and then offer to go half...

You could claim on your insurance but they might try to recover the cost from him. If not it would count as an "at fault" on your insurance. For £600 it's probably not worth it, considering the increased premiums.

Small Claims Court is an option but is it worth £300 if you end up with a bad relationship with your neighbours?