Advice on recovering money owed by neighbour

Arty11

Hi, first time poster here and apologies if I’ve posted this request in the wrong category, and for the long winded explanation of the circumstances.

I’m looking for advice about how I can recover a sum of money that I believe I’m owed by my next door neighbour. 

During the significant UK wide storm we had on 25th January 2025, my car was damaged by an unsecured timber roof panel blown over a 6 foot party fence from my neighbours garden. The panel was the roof (5ftx4ft) of a log store that my neighbour had constructed. It was not secured to the rest of the structure and was simply placed on top. I have photographic evidence as proof.

i advised my neighbour of the incident which he apologised for, and indicated that he would make a claim against his home insurance policy to have the damage to my vehicle rectified. He contacted me a few days later to inform me that his insurance company said that he wasn’t liable as it was “an act of God” due to the storm conditions.

It caused approx £4000 of damage to my car, and after a call to my motor insurance company, I was advised that I had to make the claim through my motor insurance policy under storm damage. I incurred an £850 excess which I had to pay on collection of the vehicle from the body repair shop.

After a chat with my neighbour, he agreed to pay back my excess as he accepted it was his fault for not securing the roof panel, and we came to a mutual arrangement that it could be paid back over the course of several months. He intially began making payments of £100-200 per month then stopped paying approximately two months ago. To date, a sum of £350 is outstanding. 

He has been avoiding me for several weeks and after meeting him tonight while out walking, I asked when he was likely to make the next payment. He said that he can’t afford to pay, and that I have no legal standing with regard to recovering the outstanding sum. 

I am hoping that someone can explain what my rights are with regard to recovering the sum of money that I believe I’m owed, and if I have any legal means to do so. I ought to add that I’m in Scotland as I understand the law here may be different from English law.

Thanks in advance, Art.

user1977

I would send a letter demanding payment of the balance (failing which you'll raise a small claim) and suggest that he passes it to his insurers (whether he's insured or not is his problem, not yours - the "act of God" stuff is probably his own nonsense).

secla

Storms can be classed as act of god but the fact he hadnt secured the roof would suggest that it was avoidable

i think your only way of trying to claim in back would be small claims court and there are fees to pay so you would have to decide whether it was worth your while

bobster2

Arty11 said:

It caused approx £4000 of damage to my car, and after a call to my motor insurance company, I was advised that I had to make the claim through my motor insurance policy under storm damage. I incurred an £850 excess which I had to pay on collection of the vehicle from the body repair shop.

When you claimed via your motor insurance company - did you tell them the panel came from your neighbour? And give them his contact details?

Usually if someone else is potentially liable - the insurance company will pursue them on your behalf.

m0bov

Your insurance should have been pursuing it under your legal cover. Ask them why they didn't.

WIAWSNB

Hi Arty.
How much of your story can you evidence? Ie, his acceptance of liability? His agreement to pay the full excess amount? The payments that he has already made?
If you have all that, then a 'letter before action' will almost certainly elicit a positive response; there will be templates on the 'net.
This LBA will explain your recourse which would be Small Claims Court, or possibly more easily, MoneyClaim.org. Almost certainly he'll cough up before you need to take that action - he will know he's going to almost certainly lose. (Again, based on your evidence.)
As mentioned above, if you happen to have Legal Protection included in your house or car policy, then call them up first - they should guide you through this, and support you if you need to take it further.
As always, clear evidence is the key.
Please update us and tell us how it goes.

subjecttocontract

It sound like an'act of God' to me. Nobody is responsible for storm damage. I've got lots of stuff around my property that isn't screwed down and in the rare, unlikely instance of a storm I wouldn't expect to be held responsible for damage. That's what insurance is for.

WIAWSNB

subjecttocontract said:

It sound like an'act of God' to me. Nobody is responsible for storm damage. I've got lots of stuff around my property that isn't screwed down and in the rare, unlikely instance of a storm I wouldn't expect to be held responsible for damage. That's what insurance is for.

I think you are right. 

The only difference here is that the neighbour admitted that the roof was not secure - never was - so hadn't carried out his normal duty of care. 

When a storm is imminent, we all go outside and put things away, tie objects down, secure stuff. Or, we should.

Had this been a 'normal' log store which would be expected to have a secured roof, and the storm just happened to be powerful enough to rip the fittings off, then it would be nigh-on impossible to suggest negligence or liability on the neighbour. In which case - yes - the OP would be £850 out of pocket. Blame gawd.

I have to say, I am on the fence regarding whether this situation should, morally, be pursued. If the neighbour really believed that his log store was a solid and secure structure, and didn't imagine the heavy roof could be blown off, then his culpability in this event ain't the worst case of negligence that I've seen...

If you have solid evidence, Arty, as I've outlined above, then you can pursue this if you really want to, and - I think - most likely will win. But, for the sake of a relatively trivial £350 you also have the option of shaking the guy's hand, and calling it quits. 

Myci85

Do you generally get on with this neighbour? I guess it's worth considering whether maintaining a good relationship is more or less important to you then getting the remaining £350 paid. Also, if they've paid £500 in small instalments, maybe they really can't afford to pay the rest. Can you afford to lose it?

Arty11

Good morning,

thanks for all your replies. I can provide a bit more detail which will hopefully answer some of the questions ams suggestions that have been kindly offered. 

I was on talking terms with my neighbour as we met most nights when we were walking our dogs. I mentioned the big storm heading our way, it was a category Red storm with winds gusting to 80-90mph, and the need for taking precautions, battening down the hatches so to speak. 

He rubbished the idea that it would be an issue, and suggested it wouldn’t affect the area we live in despite all the evidence to the contrary. I locked my wheelie bins in the garage, he chose to do nothing. We still bump into each other in the passing but several weeks ago he began ignoring me and I sensed a change in his attitude to the agreement we reached.

It was my insurance company that used the term “an act of God”, and that I couldn’t use my motor legal protection to recover my excess as the damage was the result of a storm and not as a result of a traffic accident. I have fully comprehensive cover with added no claims protection. What’s the point of insurance eh?

All of our communications to date have been verbal, and were carried out on amicable terms and in good spirit. A gentleman’s agreement so to speak. He initially agreed to pay back the sum of money owed, and I was happy to do so under a flexible arrangement over a period of several months. 

From a legal standpoint, I’m uncertain that our verbal agreement holds any bearing, and whether his agreement to pay me back has set a legal precedent, an admission of liability if you like. 

Before taking the matter any further, I will speak with him again and clarify that his decision to stop making any further payments is final, then put it in writing what my expectations are, and my intentions. It is suggested that I put a deadline on the response and a statement that I’m prepared to take court action. 

I will probably start legal proceedings via the small claims court which I believe is now called the simple procedure in Scotland. 

I was brought up to do the right thing by people and take responsibility for my actions or lack of them. I wish that none of this was happening. 

Thank you for taking the time to respond to my request. Arty.

Tabieth

I’m sorry that you’re out of pocket with all this. As you don’t have nothing in writing with your neighbour, I don’t think you’ll get anywhere. (Disclaimer - I am very much not legally trained). It’s probably not worth chasing as you aren’t likely to win and it will further damage neighbourly relations.