Tripped over neighbour's EV cable and damaged it...any insurance cover either way?

DE_612183

FlyingSquirrel2 said:

Keep_pedalling said:

dunstonh said:

Just looking more closely at the text from the neighbour and it's a £220 call out charge plus £114 for the cable... it's the cable that's attached to their charging point if you see what I mean so I assume that's why it needs an installer to come out.

So, effectively, your neighbour went for the cheaper, riskier option of fixed/tethered cabling and a potential risk event of that cabling occurred.

Don't assume anything. Its possible that the neighbour doesn't have a clue how it works and has automatically rang the unit company when its necessary.   If its not tethered then a new cable would be all that is required.  However, I suspect it is tethered as its hard to see how a trip could damage these cables as they are so strong (even with a bike)

So, it probably is tethered but you should make sure as the call out fee is almost two-thirds of the cost.
if it is tethered, then a remark in conversation may be in order as you are effectively going to be paying towards a bill that was less likely to have happened if they hand't have gone for the cheap option.

A tethered cable cable is not a cheaper option, it actually the more expensive one as EVs normal come with a removable cable I suspect the damage was to the connector at the car end rather than the charge port which would be difficult to damage without damaging the charge point itself.

Ahh OK that makes sense; and yes it was damaged at the car end. He thought he had damaged the car at first...

DE_612183 said:

who told the neighbour that the cable was damaged?

Just wondering that if you approached them to say it had happened did you ( your partner ) infer it was our fault by apologising which is why they may be thinking you're going to pay for it all....

My partner went to tell them; I wasn't there so don't actually know how he approached it, but he came away from the conversation saying it was OK - they didn't flip out, so yes maybe he went in as apologetic, though I don't suppose that will really matter with regards to liability (though may do for our ongoing neighbourliness!!)

Ah, so when you said the neighbour had the clear assumption that you would pay - it could be that your partner has given them that impression. I'd suggest a quick chat and see how the land lays.

dunstonh

Keep_pedalling said:

dunstonh said:

Just looking more closely at the text from the neighbour and it's a £220 call out charge plus £114 for the cable... it's the cable that's attached to their charging point if you see what I mean so I assume that's why it needs an installer to come out.

So, effectively, your neighbour went for the cheaper, riskier option of fixed/tethered cabling and a potential risk event of that cabling occurred.

Don't assume anything. Its possible that the neighbour doesn't have a clue how it works and has automatically rang the unit company when its necessary.   If its not tethered then a new cable would be all that is required.  However, I suspect it is tethered as its hard to see how a trip could damage these cables as they are so strong (even with a bike)

So, it probably is tethered but you should make sure as the call out fee is almost two-thirds of the cost.
if it is tethered, then a remark in conversation may be in order as you are effectively going to be paying towards a bill that was less likely to have happened if they hand't have gone for the cheap option.

A tethered cable cable is not a cheaper option, it actually the more expensive one as EVs normal come with a removable cable I suspect the damage was to the connector at the car end rather than the charge port which would be difficult to damage without damaging the charge point itself.

When we bought our podpoint, it was cheaper to get the tethered option compared to the removable cable version.

Sea_Shell

Just one other angle...(devil's advocate here)

How long have they been using this charging cable and how long have you been having to "negotiate" it?

Is it used almost constantly or only occasionally?

Could the neighbour argue it's a "known hazard" if it's been there for ages ?

theoretica

Also is the neighbour proposing to just replace it like for like?  Surely it needs to be done properly this time?

JGB1955

I certainly wouldn't be considering paying towards the cost, neither would I have approached my own insurance company with details of the event. That's opening up a whole load of worms.  I would suggest that your neighbour claims from his insurance and take it from there.  If his insurance company want to know your insurance details you can provide it at that point.

huckster

Remember that if any money is paid to neighbour that liability is being admitted. So this is accepting the neighbour had no fault in this situation, when they had a cable trailing across a pathway, which they were aware was being used by pedestrians to walk  through to collect bicycles.

If there is any fault, it is shared by both neighbours.

Ongoing arguments can be expensive. When you come to sell the house, you don't want there to be a chance of disputes being known to purchasers or where you have any duty to disclose.

Mr.Generous

I'd say person who left the trip hazard is liable. Very lucky not to be paying out themselves for pain and discomfort.

I'd also suggest the call out fee is too high. My son-in-law is an electrician who fits car chargers, I've helped out in a job that required cable going into beam area on a commercial property and seen the install first hand. His call out is that the first hour is charged at double. Plenty of sparks do this and can change a cable. They order the part and fit it, not a big deal at all. If you see these things with the cover off it's just like any other electrical work on a mains board or similar. He did a course on car chargers - but most will have done.

HampshireH

FlyingSquirrel2 said:

theoretica said:

When your charging cable was being discussed did they put anything in writing about it being a trip hazard?  That would show they were aware of cables being a trip hazard and relevant precautions.

Very good point, though I think this was discussed with the company who manage the building, rather than with the neighbours directly, but we were definitely asked  to provide this information from our insurance company.  When the neighbours installed their charger we don't think they had to ask for permission as they were running the cable directly from their home to their space - plus they were early adopters! The cable predates us as their neighbours...

Who manages the building? Are the properties rented? 

Personally I would not be paying anything IF that path is a public footpath or there is a right of way over it which presumably it's either or.

However your original post implied you had an agreement you could use it which seems odd if they don't own it. Are the bikes and your charger in a communal garden of some sort or is that all owned by you?

Just cannot see how anyone who owns / manages the property /land would grant permission for a cable running across a public path as it potentially opens them up to all sorts of claims.

If you can afford to pay that's a choice to keep things amicable but I'd be inclined to point of that they obstructed a public footpath (if indeed it is one) and they are fully liable for any accident which occurs as a result.

FlyingSquirrel2

Sea_Shell said:

Just one other angle...(devil's advocate here)

How long have they been using this charging cable and how long have you been having to "negotiate" it?

Is it used almost constantly or only occasionally?

Could the neighbour argue it's a "known hazard" if it's been there for ages ?

This has been on my mind...the cable trailing across the path predates us getting the bikes (or even, buying the house) and was a point of discussion when we talked with them about storing the bikes against the fence.

HampshireH said:

FlyingSquirrel2 said:

theoretica said:

When your charging cable was being discussed did they put anything in writing about it being a trip hazard?  That would show they were aware of cables being a trip hazard and relevant precautions.

Very good point, though I think this was discussed with the company who manage the building, rather than with the neighbours directly, but we were definitely asked  to provide this information from our insurance company.  When the neighbours installed their charger we don't think they had to ask for permission as they were running the cable directly from their home to their space - plus they were early adopters! The cable predates us as their neighbours...

Who manages the building? Are the properties rented? 

Personally I would not be paying anything IF that path is a public footpath or there is a right of way over it which presumably it's either or.

However your original post implied you had an agreement you could use it which seems odd if they don't own it. Are the bikes and your charger in a communal garden of some sort or is that all owned by you?

Just cannot see how anyone who owns / manages the property /land would grant permission for a cable running across a public path as it potentially opens them up to all sorts of claims.

If you can afford to pay that's a choice to keep things amicable but I'd be inclined to point of that they obstructed a public footpath (if indeed it is one) and they are fully liable for any accident which occurs as a result.

I hadn't actually thought about talking to the block management company (we have the freehold, but still pay service charges to maintain the common areas) but you make an excellent point. As you say, the path isn't "theirs" and they shouldn't need to give permission, but nor should we be storing bikes in that area really. So I think where I land on it is that while yes, they are at fault for the trailing wire and should accept all liability, my partner should/could have been more careful (I've seen him run over the wire on the bike before in a way that I never do..) - what I'm hoping we can agree is that they claim on their insurance and we split the excess. But it might not be very comfortable to agree to this (and I fully appreciate/understand that this appears to accept liability and LEGALLY it's not our fault if they left the wire). I'm just trying to think of the big picture in terms of going relations etc. Partner is away for work so need to discuss it with him when he's back to see how we approach it all as a next step.

I honestly can't believe how much help I"ve got here from my first ever MSE forum post, thank you thank you everyone for all of your help with this, it's absolutely invaluable!

chrisw

FlyingSquirrel2 said:

Partner now tells me he "tripped" with the bike...which might explain the amount of force it took to damage the cable - not sure if this changes the liability situation. I just called our insurer and the claims handler on the phone said "well surely that's their fault?" but then suggested I submit a claim form so that the legal cover team can look at it.

This could be your way out. Hopefully the insurance legal team will come back with a decision and it will either get settled or you can advise the neighbour that the insurance company are refusing to pay as their legal term says you are not liable. Puts the blame on the insurance company!