Tenant caused damage but wants me to claim on my insurance

lisyloo

MobileSaver wrote: »

The tenant caused the damage so the tenant is liable. Whether the tenant has insurance or whether it is even possible to get tenant insurance is immaterial, the tenant has to pay either out of their own pocket or through insurers if applicable.

In practice it does make a difference.
If someone is insured and can be proven to be liable then there is the ability to pay.
If someone is not insured they may be unable to pay themselves they also might be unwilling which doesn’t mean they aren't liable but it can be difficult and expensive to make them pay especially if they are able and willing to disappear.
There is no point in paying and winning a court judgment against a vagrant with nothing.

All general points.

Jumblebumble

lookstraightahead wrote: »

The problem is you basically just want people to back up your story. I think you are going to have a problem personally as you are the one with the building insurance, irrespective of the moral side of things. GM knows a lot

I assume that if you will be willing to reimburse the OP the extra premium loading that they will incur if they follow your advice and make a claim.

No thought not.

G_M

So I mis-read the bit about who had the repair job done ("not been done by a specialist.").


Does not affect the advice I gave though.

Claim the full cost of the proper repair.
* if that is less than the deposit, deduct from the deposit
* if it is greater than the deposit, sue for the difference

dacouch

steampowered wrote: »

The law says that you are required to 'mitigate your loss'.

I would have thought that this would include claiming on your insurance policy. Though of course in this scenario the tenant should be responsible for any excess and for any increase in premium.

Mitigating your losses does not require you to claim on your own Insurance. The other party have third party Insurance and there is nothing to stop the OP claiming from it.

You can find out the name of the car Insurers along with their contact number on askmid.com

zagubov

Jumblebumble wrote: »

I assume that if you will be willing to reimburse the OP the extra premium loading that they will incur if they follow your advice and make a claim.

No thought not.

That's what I was wondering.

Is your house insurance affected if car insurance is used to pay for the repairs in this instance?

SmashedAvacado

The reason why a tenant would not take out buildings insurance is that they wouldn’t have an insurable interest in the building

The tenant will Have car insurance and that will cover them for damage caused to third parties and their public liability

Legally the building owner claims from the owner of the vehicle / driver and the driver then asks their insurers to deal on their behalf

The mitigation point is more to do with the building owner not making the building worse by doing nothing - eg propping the building up etc

Your building insurance would be relevant to you here were the driver to be uninsured- so notifying your insurance company is always a good idea. They may liaise with the vehicle insurance company and avoid any need for you and your tenant to be discussing liability directly