Landscaper has damaged neighbours shed

Alderbank

dearface said:

What are peoples thoughts on this?

How are these disputes usually arbitrated?

And, why would the landscaper be so adamant it’s not a valid insurance claim? Wouldn’t have thought it would cost him that much.

fwiw, the landscaper isn’t a cowboy and has overall many favourable reviews.

Because it's not a question of cost, it's a question of liability.

If the landscaper has been negligent then they would have to pay, however much it cost. If he is not legally liable they don't have to pay anything. The insurer will not say 'He's not liable but the cost isn't that much so we'll just pay it.'

Unless the hedge is a Triffid it has been slowly growing into the neighbour's garden and weaving itself into their oldish shed for a long time. The neighbour was entitled to cut the new shoots of the growing hedge off at the point they entered his garden but chose not to and he just let them to do their own thing. He has liability for what the plant gets up to if he allows it to grow in his property. For example if his children swing from an overhanging branch and are injured it is his fault, not yours.

I have both managed teams of tree surgeons as part of my job and have hired them at home to cut down trees. It sounds like there could be liabilities here on more than one party, impossible to say more without actually seeing the 'crime scene'. I can't really visualise how the hedge trunk could land on a shed roof. 

Pit you don't have any photo evidence.

born_again

IvanOpinion said:

If a contractor at a neighbours did damage to my property, I would be expecting the neighbour to sort me out, or I would make a claim against their insurance. They can have the hassle of chasing their contractor.

Why.
This is why these companies carry public liability insurance.
Just think had that not been a shed, but a person...

IvanOpinion

MeteredOut said:

IvanOpinion said:

If a contractor at a neighbours did damage to my property, I would be expecting the neighbour to sort me out, or I would make a claim against their insurance. They can have the hassle of chasing their contractor.

If I was that neighbour, I would not give you any insurance details and direct you to the contractor. What’s your next move?

If I did have 'that sort' of neighbour then I would not waste my valuable time on them. I would simply refer it to my insurance, providing full details of the neighbour, and instructing my insurance to seek redress directly from them, or their insurance. That is why I have legal cover bundled with my household insurance, I have already paid for it so I may as well use it.

Fortunately, in this case, it is obvious that the neighbour 'responsible' for the damage is a good neighbour and is looking to take ownership of the situation. If, as the OP suggests, the contractor is reputable, then they should sort out the damage they did without causing a dispute between neighbours.

MeteredOut

IvanOpinion said:

MeteredOut said:

IvanOpinion said:

If a contractor at a neighbours did damage to my property, I would be expecting the neighbour to sort me out, or I would make a claim against their insurance. They can have the hassle of chasing their contractor.

If I was that neighbour, I would not give you any insurance details and direct you to the contractor. What’s your next move?

If I did have 'that sort' of neighbour then I would not waste my valuable time on them. I would simply refer it to my insurance, providing full details of the neighbour, and instructing my insurance to seek redress directly from them, or their insurance. That is why I have legal cover bundled with my household insurance, I have already paid for it so I may as well use it.

Fortunately, in this case, it is obvious that the neighbour 'responsible' for the damage is a good neighbour and is looking to take ownership of the situation. If, as the OP suggests, the contractor is reputable, then they should sort out the damage they did without causing a dispute between neighbours.

And your neighbour would direct your insurer to the contractor. What’s your next move?

The neighbour bears no responsibility here, unless they do something daft to make it so.

prowla

born_again said:

IvanOpinion said:

If a contractor at a neighbours did damage to my property, I would be expecting the neighbour to sort me out, or I would make a claim against their insurance. They can have the hassle of chasing their contractor.

Why.
This is why these companies carry public liability insurance.
Just think had that not been a shed, but a person...

Presumably a person would've noticed that tree branches had been trying to grow through them for a period of years and would've moved away.

IvanOpinion

MeteredOut said:

IvanOpinion said:

MeteredOut said:

IvanOpinion said:

If a contractor at a neighbours did damage to my property, I would be expecting the neighbour to sort me out, or I would make a claim against their insurance. They can have the hassle of chasing their contractor.

If I was that neighbour, I would not give you any insurance details and direct you to the contractor. What’s your next move?

If I did have 'that sort' of neighbour then I would not waste my valuable time on them. I would simply refer it to my insurance, providing full details of the neighbour, and instructing my insurance to seek redress directly from them, or their insurance. That is why I have legal cover bundled with my household insurance, I have already paid for it so I may as well use it.

Fortunately, in this case, it is obvious that the neighbour 'responsible' for the damage is a good neighbour and is looking to take ownership of the situation. If, as the OP suggests, the contractor is reputable, then they should sort out the damage they did without causing a dispute between neighbours.

And your neighbour would direct your insurer to the contractor. What’s your next move?

The neighbour bares no responsibility here, unless they do something daft to make it so.

You are mistaken. But that is irrelevant.
My insurance company would have 'made me whole', and the contractor and my neighbours insurance companies may be fighting it out as to who is going to reimburse my insurance company - I really don't care which one does it.
So as far as I am concerned, game, set, match. Not my problem, no need to waste any more of my valuable time on irresponsible neighbours/contractors.

RefluentBeans

I would expect that any non-cowboy (which you’ve confirmed he isn’t) would have insurance, and so it’s not really a concern for you. If you wanted to (and if it was getting nasty, and you felt you were going to get into a bad relationship with your neighbours) you could offer to pay for it out of your own pocket (knowing your insurance probably wouldn’t cover it, and the contractor wouldn’t either). 

Personally, I would keep out of it unless it was getting messy. All the other comments about going straight to the homeowners is a bit naive, and clearly not had situations like this happen to them. 

Aylesbury_Duck

MeteredOut said:

IvanOpinion said:

MeteredOut said:

IvanOpinion said:

If a contractor at a neighbours did damage to my property, I would be expecting the neighbour to sort me out, or I would make a claim against their insurance. They can have the hassle of chasing their contractor.

If I was that neighbour, I would not give you any insurance details and direct you to the contractor. What’s your next move?

If I did have 'that sort' of neighbour then I would not waste my valuable time on them. I would simply refer it to my insurance, providing full details of the neighbour, and instructing my insurance to seek redress directly from them, or their insurance. That is why I have legal cover bundled with my household insurance, I have already paid for it so I may as well use it.

Fortunately, in this case, it is obvious that the neighbour 'responsible' for the damage is a good neighbour and is looking to take ownership of the situation. If, as the OP suggests, the contractor is reputable, then they should sort out the damage they did without causing a dispute between neighbours.

And your neighbour would direct your insurer to the contractor. What’s your next move?

The neighbour bares no responsibility here, unless they do something daft to make it so.

Stripping off is probably daft, in the circumstances.

the_lunatic_is_in_my_head

I've seen a few similar threads on the DIY board over the years but have never seen a definitive answer, if anyone has a subscription the answer might be here:

https://www.lexisnexis.co.uk/legal/guidance/where-a-builder-working-on-property-a-causes-damage-to-a-neighbouring-property-who-is-liable-to-the

MeteredOut

IvanOpinion said:

MeteredOut said:

IvanOpinion said:

MeteredOut said:

IvanOpinion said:

If a contractor at a neighbours did damage to my property, I would be expecting the neighbour to sort me out, or I would make a claim against their insurance. They can have the hassle of chasing their contractor.

If I was that neighbour, I would not give you any insurance details and direct you to the contractor. What’s your next move?

If I did have 'that sort' of neighbour then I would not waste my valuable time on them. I would simply refer it to my insurance, providing full details of the neighbour, and instructing my insurance to seek redress directly from them, or their insurance. That is why I have legal cover bundled with my household insurance, I have already paid for it so I may as well use it.

Fortunately, in this case, it is obvious that the neighbour 'responsible' for the damage is a good neighbour and is looking to take ownership of the situation. If, as the OP suggests, the contractor is reputable, then they should sort out the damage they did without causing a dispute between neighbours.

And your neighbour would direct your insurer to the contractor. What’s your next move?

The neighbour bares no responsibility here, unless they do something daft to make it so.

You are mistaken. But that is irrelevant.
My insurance company would have 'made me whole', and the contractor and my neighbours insurance companies may be fighting it out as to who is going to reimburse my insurance company - I really don't care which one does it.
So as far as I am concerned, game, set, match. Not my problem, no need to waste any more of my valuable time on irresponsible neighbours/contractors.

You are mistaken, in as much as your insurance company would have to deal with the contractors insurance, not your neighbours. And you have a claim on your record. Best you sort it directly with the contractor.

How would your insurer even know who your neighbours insurers are, if they have one? Is there a central register? What if your neighbour chooses to self insure (eg, has no mortgage and no insurance)?