Fence damage to car

[killerhaggis]

Just after a bit of advice really, long story short, neighbours fence blew down on to my car, it dented front wing and rear door, this is the second time in a year that his fence has fallen /been blown down, I informed him of the damage suffered to my car (2 quotes obtained cheapest was ?985), I sort of knew his house insurance would not pay as"ACT OF GOD" seems to be their favourite get out clause, I am considering claiming on my car insurance BUT would i be out of order asking my neighbour to pay my excess? Why should i be out of pocket due to his dodgy fence ? My excess is ?450 in total inc of voluntary,:dunno:

 

[mikeyw64]

Just after a bit of advice really, long story short, neighbours fence blew down on to my car, it dented front wing and rear door, this is the second time in a year that his fence has fallen /been blown down, I informed him of the damage suffered to my car (2 quotes obtained cheapest was ?985), I sort of knew his house insurance would not pay as"ACT OF GOD" seems to be their favourite get out clause, I am considering claiming on my car insurance BUT would i be out of order asking my neighbour to pay my excess? Why should i be out of pocket due to his dodgy fence ? My excess is ?450 in total inc of voluntary,:dunno:

Worth trying his insurance they *may* pay out.

Failing that last resort if you can't sort it amicably with them is Small Claims Court

 

[Me!]

Dependant really

What are neighbours like
They have already gone to steps before to repair it
Why did you park there again if it was a problem


I have to say I'd tell you to jog on if I was repairing the fence for a third time. May well be fence fitter is at fault. Ya kinda haven't told the whole story

 

[killerhaggis]

What are neighbours like
They have already gone to steps before to repair it
IT was a botched repair/ replacement of panels
Why did you park there again if it was a problem
Because the fence borders his and mines drive
I have to say I'd tell you to jog on if I was repairing the fence for a third time.
If he came out with that attitude he would he would be slapped:-0)
May well be fence fitter is at fault. Ya kinda haven't told the whole story
He fitted fence and repaired it/ replaced panels, not too a very good standard either, he was told of dodgy erecting skills the last time it came down

Its the second time in 6 months that it has come down

 

[killerhaggis]

I have to say I'd tell you to jog on if I was repairing the fence for a third time. May well be fence fitter is at fault. Ya kinda haven't told the whole story

Thats why I said long story short:-0),

 

[Me!]

Ah so a DIY expert. I can't see him paying it if honest. If he can't get the fence done properly there's no hope.

 

[Me!]

But I do tip my hat for the full explanation sire ....

 

[killerhaggis]

Worth trying his insurance they *may* pay out.

Failing that last resort if you can't sort it amicably with them is Small Claims Court

His insurance said the wont pay out as it was an "act of god", I am not convinced winds were high enough for that, and his was the only fence in the area that had blown down again:dunno:

 

[ridgeback05]

court

Why should you be out of pocket! Take it to small claims court, as the fence belongs to your neighbour, you will have to prove negligence on his behalf. Tell your neighbour of your intention of court proceedings he may pay up to avoid any extra cost. The only problem is with small claims courts from my experience is that in some cases the other party can ask the court if they can pay the claim off in installments. Then in some cases you get maybe one or two payments and that's it! So back to court again. Good luck!

 

[Wolfie]

then wait for a windy night and kick the fuck out of his fence onto his car, but do a proper job, so either he has to repair the lot or takes it down.



or fix his fence for him and do it right, like i did one year whilst my neighbours sat in the kitchen drinking tea and watching me in the rain and the wind,

 

[troubleshooter]

Ask for details of his insurance provider and deal with them direct, if they refuse to provide the information then use that at the small claims court:yo:

 

[ridgeback05]

insurance

Insurance companies in general only look after them selves you will only get wound up with their bl4hbl4hbl4hbl4hbl4hbl4hbl4hbl4h.

Solicitors are a bunch of scammers so don't go there! ?100 a letter nonsense!

CAB you could always ring them for advice! But at the end of the day if you can't sort it out with next door it's see you in court Mr neighbour I'm afraid.b0x1b0x1b0x1

 

[Centaur]

Act of God a myth KH.

Just after a bit of advice really, long story short, neighbours fence blew down on to my car, it dented front wing and rear door, this is the second time in a year that his fence has fallen /been blown down, I informed him of the damage suffered to my car (2 quotes obtained cheapest was £985), I sort of knew his house insurance would not pay as"ACT OF GOD" seems to be their favourite get out clause, I am considering claiming on my car insurance BUT would i be out of order asking my neighbour to pay my excess? Why should i be out of pocket due to his dodgy fence ? My excess is £450 in total inc of voluntary,:dunno:

Show me on any schedule where it is stated as an exception!!! Act of war or insurrection yes.

His insurance most likely will not cover replacing his fence but his insurance will cover liability. It is against this liability cover that you must claim. Do NOT deal with your neighbour directly. He CANNOT admit liability. Ask him for his insurance details and claim directly with the company. Phone HIS claims helpline and tell them what has happened. They should send YOU a claim form which you should complete and return with the estimates and photographs. You SHOULD tell your car insurance company what has happened but inform them that you are NOT claiming against your own insurance. This is the dodgy bit as some on here have said that their NCD has been affected even though they have not claimed against it. I find that hard to believe personally.:dunno:

 

[Jaws]

Act of god is no longer a get out for insurance companies and has not been for quite a while

That is pretty much fact but the following is from memory and could be complete balls....


You will have to go to small claims court and bring an action agin him.

The reason the claim will succeed is that negligence must be proven. If that is the 2nd time it has happened within a short time frame then the case is pretty open and shut ..


I am copying this thread to the legal egal section so someone who knows what they are talking about can offer a better reply @tu*

 

[T.C]

The fact that the fence has been repaired twice, and it appears to have been repaired to an unsatisfactory standard, on its own helps your case.

As already mentioned, forget a solicitor because unless the claim is for over ?5,000 legal costs cannot be claimed back and so any letter or action taken by a solicitor would be at the claimants expense.

But as has also been mentioned, there is no longer such a thing as An Act of God. I cannot remember where I saw it, but this act of god defence was challenged, and it was agreed that it was a get out clause for the insurers who could apply this rule to just about any claim they wished.

Your neighbours insurance will however cover third party risk (assuming he has home insurance) and therefore you are entitled to make a claim against his insurance.

You are entitled to park on your own driveway without fear of your vehicle being damaged, and therefore if your neighbours fence caused damage to your car through no fault of your own, then the insurance company have no reasonable argument to avoid paying out.

It is all about what is reasonable. It was reasonable to park your car on your driveway. It was reasonable to assume that the owner of the fence is liable for ensuring it is safe and secure. It is reasonable to assume that you can park on your driveway and your car will remain undamaged.

You may possibly have a product liability claim against the fencer who carried out the repairs to an unsatisfactory standard, but that is not your concern, your claim is against your neighbour and his insurance, and then if his insurers wish to take the matter up with the fencers insurers then that is for them to decide.

 

[Tinytim]

The fact that the fence has been repaired twice, and it appears to have been repaired to an unsatisfactory standard, on its own helps your case.

As already mentioned, forget a solicitor because unless the claim is for over ?5,000 legal costs cannot be claimed back and so any letter or action taken by a solicitor would be at the claimants expense.

But as has also been mentioned, there is no longer such a thing as An Act of God. I cannot remember where I saw it, but this act of god defence was challenged, and it was agreed that it was a get out clause for the insurers who could apply this rule to just about any claim they wished.

Your neighbours insurance will however cover third party risk (assuming he has home insurance) and therefore you are entitled to make a claim against his insurance.

You are entitled to park on your own driveway without fear of your vehicle being damaged, and therefore if your neighbours fence caused damage to your car through no fault of your own, then the insurance company have no reasonable argument to avoid paying out.

It is all about what is reasonable. It was reasonable to park your car on your driveway. It was reasonable to assume that the owner of the fence is liable for ensuring it is safe and secure. It is reasonable to assume that you can park on your driveway and your car will remain undamaged.

You may possibly have a product liability claim against the fencer who carried out the repairs to an unsatisfactory standard, but that is not your concern, your claim is against your neighbour and his insurance, and then if his insurers wish to take the matter up with the fencers insurers then that is for them to decide.

The blerk next dooor DIY'd the fence repair. :bang:

 

[Centaur]

I could not have put it better myself TC!

In fact, I could not have put it as well!8rfl@

 

[Quiney]

Are you sure that its the neighbours fence, and not a party fence?

 

[Jaws]

I believe that the fact the person has repaired it twice indicates in law he has already accepted liability ( again this is based on very limited legal knowledge )

 

[Centaur]

I believe from what I was taught when I was dealing with claims that joint ownership of fences is extremely rare for the very reason that neighbours will never agree when it needs painting, repairing etc. So deeds designate which property owns which fence in estates. A peep at KH's deeds should establish ownership.:-0)