Next doors trampoline was not secured down, damaged my car, please advise?

nicolaeb

So the last storm a week before Christmas we were all told we should be expecting a storm. It came my next doors neighbours trampoline flew over into the street and straddled my car for a while before I seen it. Damage to a few panels had a quote etc, said her insurance said it was an act of god! even though the trampoline has escaped many times previous to this. States the trampoline was tied down, clearly not, never had pegs or anything in, which app when you buy a trampoline it does state pegs etc should be used. The trampoline on the side never moved and inch. CCTV of trampoline hitting my car and another car and also footage of the other neighbours trampoline not moving as it was secured. I also have footage of it escaping a few months before this and found next to my car but there was no damage that time. She states I will have to take her to court and get a few quid back a month. It was a nice clean car before this and not even an apology still. Can I take her to small claims court under neglect?? Tryed to go through my car insurance but would of went up £700 plus loss of all no claims. Please advise.

MorningcoffeeIV

You can take anyone to small claims court.

It's just a question of whether she is held to be liable.  You say that it "ever had pegs or anything" but I'm not sure how you would know or prove that.  They're not foolproof in very high winds.

DullGreyGuy

nicolaeb said:

Can I take her to small claims court under neglect?? Tryed to go through my car insurance but would have went up £700 plus loss of all no claims. Please advise.

Anyone can take anyone to court, thats the great thing about the legal system... if you will win or not is another question, if you get costs or not another etc. 

You have to declare the incident irrespective of if you claim or not, if you did claim then your insurers would attempt to recover their outlay from her/her insurers and if its successful then it would count as a "non-fault" claim meaning it doesn't impact your NCD and has a very similar impact to the declared but not claimed incident. 

It's ultimately up to you if you want to go it alone or allow your insurers to deal with it. 

nicolaeb

MorningcoffeeTV its just its happened so many times before. Im thinking neglect on her part not giving a crap?