Damage to car from neigbours trampoline

General_Applause

Hm121 wrote: »

Yes it was relatively lucky I usually pull all the way down to garage but I had been in the garage that morning and was parked several feet away from the garage, so the trampoline wedged it self between the gap I left from the garage to the rear of the car. If I had pulled all the way down to the garage like usual then it would of landed on the roof/passenger side and I imagine the damage would of been a lot more and the repair cost would of been eye watering.

Was there advance notice of the high winds?


Do you tell your insurance company that your car is parked in the garage?


If the answer to both questions is yes, you could be seen to have been negligent yourself by failing to put your car out of harms way.

TooManyPoints

Was there advance notice of the high winds?


Do you tell your insurance company that your car is parked in the garage?


If the answer to both questions is yes, you could be seen to have been negligent yourself by failing to put your car out of harms way.

If there are forecast high winds I would suggest it is not incumbent on car owners to ensure their cars are not likely to be hit by flying trampolines. I would suggest it is rather more the responsibility of trampoline owners to ensure their devices are sufficiently secured.

It has nothing to do with this matter where he has told his insurers he keeps his car. It would only be an issue if (say) he told them it was kept locked in a garage and he left it outside and he was making a claim under his own policy.

Hm121

You actually serious of you just trolling, me knowing that the weather is bad outside doesn't make me liable. I'm not his keeper, he has the same access to the weather forecast like everyone else, it's not my responsibility to tie his trampoline down, do you think I just sit around 24 hours a day waiting to solve other people's problems?

What I tell my car insurance is none of your businesses but if you bothered to read what I said you would realise that I never said I parked in the garage, I saidi usually pull all the way down to it, meaning I park close to the garage door.

And even if it was yes to both your questions where would you suggest someone park, so because it's windy outside your not allowed to park on your own drive way. Will have to remember this logic next time it's breezy outside.

unholyangel

facade wrote: »

As it took two people to lift, a reasonable person might feel that its own weight was sufficient to hold it down, and therefore not be negligent in failing to take extra measures.......


Proving negligence on behalf of a layman is a high hurdle to jump, it really has to be obvious to anyone that it will end in tears and then wilfully ignored to be negligent, rather than "thoughtless" or "stupid".

Perhaps....if that reasonable person lived in an alternative reality where wind is weaker than people & doesn't follow the laws of physics that exist in this reality.

Anything that has a large flat surface area is prone to high winds. The larger the surface, the greater it will be affected by the wind (which is why sails on a boat are big sheets and not strips). Wind can take out double decker buses, hgvs, fences (that are actually secured in the ground) etc. How many people do you think it would take to carry a hgv or bus? Heck even buildings sway in high winds/at heights where wind is stronger.

Also, the trampoline might have needed 2 people due to size rather than weight.

Aylesbury_Duck

Hm121 wrote: »

You actually serious of you just trolling, me knowing that the weather is bad outside doesn't make me liable. I'm not his keeper, he has the same access to the weather forecast like everyone else, it's not my responsibility to tie his trampoline down, do you think I just sit around 24 hours a day waiting to solve other people's problems?

What I tell my car insurance is none of your businesses but if you bothered to read what I said you would realise that I never said I parked in the garage, I saidi usually pull all the way down to it, meaning I park close to the garage door.

And even if it was yes to both your questions where would you suggest someone park, so because it's windy outside your not allowed to park on your own drive way. Will have to remember this logic next time it's breezy outside.

I can see why you and your neighbour don't get on.

General_Applause

Hm121 wrote: »

You actually serious of you just trolling, me knowing that the weather is bad outside doesn't make me liable. I'm not his keeper, he has the same access to the weather forecast like everyone else, it's not my responsibility to tie his trampoline down, do you think I just sit around 24 hours a day waiting to solve other people's problems?

What I tell my car insurance is none of your businesses but if you bothered to read what I said you would realise that I never said I parked in the garage, I saidi usually pull all the way down to it, meaning I park close to the garage door.

And even if it was yes to both your questions where would you suggest someone park, so because it's windy outside your not allowed to park on your own drive way. Will have to remember this logic next time it's breezy outside.

If you end up claiming off your own car insurance, they will ask whether the damage would have occured had your car been in the garage. If you knew of the approaching high winds, I would have thought it be prudent to park your car in the garage, out of harms way. If this happened overnight and you told your insurance company that your car is garaged overnight, they could easily claim your negligence was partly to blame and adjust any payout accordingly.


Likewise, if you go down the small claims route, your neighbour could raise the same point and the judge may well agree with him.


Your reply implies that you knew about the approaching winds. You should have taken the responsibility to protect your asset, your car, as much as possible, which means putting it in the garage.

unholyangel

General_Applause wrote: »

If you end up claiming off your own car insurance, they will ask whether the damage would have occured had your car been in the garage. If you knew of the approaching high winds, I would have thought it be prudent to park your car in the garage, out of harms way. If this happened overnight and you told your insurance company that your car is garaged overnight, they could easily claim your negligence was partly to blame and adjust any payout accordingly.


Likewise, if you go down the small claims route, your neighbour could raise the same point and the judge may well agree with him.


Your reply implies that you knew about the approaching winds. You should have taken the responsibility to protect your asset, your car, as much as possible, which means putting it in the garage.

No, in that case the insurer would perhaps void the policy or adjust the premium that would have been due if the correct details were disclosed. But in my experience, they only ask where the vehicle is usually kept - it would be impossible for people to answer accurately otherwise. For example going on holiday and leaving the car at the airport, being hit in the supermarket when you said the cars usually kept in an office car park during the day, visiting a friends etc.

Edit: Also, they'd have to try and successfully argue that leaving your car on a driveway is negligent. I'd love to be a fly on the wall for that one.

Hm121

General_Applause wrote: »

If you end up claiming off your own car insurance, they will ask whether the damage would have occured had your car been in the garage. If you knew of the approaching high winds, I would have thought it be prudent to park your car in the garage, out of harms way. If this happened overnight and you told your insurance company that your car is garaged overnight, they could easily claim your negligence was partly to blame and adjust any payout accordingly.


Likewise, if you go down the small claims route, your neighbor could raise the same point and the judge may well agree with him.


Your reply implies that you knew about the approaching winds. You should have taken the responsibility to protect your asset, your car, as much as possible, which means putting it in the garage.

Actually my reply implies nothing other then you didn't read what i said the first time and "you" started to speculate. My garage is for tools only, i dont park in their at any time and my insurance know i park on the driveway but this is irrelevant as like I said before I will not be claiming through my car insurance.

General_Applause

Hm121 wrote: »

Actually my reply implies nothing other then you didn't read what i said the first time and "you" started to speculate. My garage is for tools only, i dont park in their at any time and my insurance know i park on the driveway but this is irrelevant as like I said before I will not be claiming through my car insurance.

In that case sir, best of luck to you.

Hm121

unholyangel wrote: »

Perhaps....if that reasonable person lived in an alternative reality where wind is weaker than people & doesn't follow the laws of physics that exist in this reality.

Anything that has a large flat surface area is prone to high winds. The larger the surface, the greater it will be affected by the wind (which is why sails on a boat are big sheets and not strips). Wind can take out double decker buses, hgvs, fences (that are actually secured in the ground) etc. How many people do you think it would take to carry a hgv or bus? Heck even buildings sway in high winds/at heights where wind is stronger.

Also, the trampoline might have needed 2 people due to size rather than weight.

Yes very true indeed, only required 2 people due to the size rather then the weight and that included carrying it 10ft+ up a set of ladders to move it over the top of his garage to place it in his back garden. Its also sort of ironic considering hes a HGV driver and when I think about it now you would think someone driving large vehicles would be aware of wind and big flat surface areas.