car damaged-- who pays??

[arthurx1234]

Hi
just to get the new year off to a great start---my wifes car was parked and due to the high winds and the disrepair of our neighbours wall a 2 metre square section of render was dislodged and crashed onto the cars boot/bumper.
Our neighbour insists its not his problem and slammed the door on my face when i tried to explain that his house insurance company would probably need to be contacted

any ideas where to go from here??
arthur

[Steve.EX]

First of all, take some photos ASAP.

[johnelf]

The answer is very simple

As he has 'slammed the door in your face', report the accident to your car insurance company and leave it to them.

They will firstly repair your car and contact him for the payment. If he declines, they should pursue it, but then again he may just say it wasnt his wall and then you are knackered!

Life!!

John

[newstuart]

His liability with his household insurance should pick it up - as long as he has some

[Steve.EX]

Hence, take some photos. If he has no insurance perhaps small claims might be an option?

[Pat_C]

Originally Posted by newstuart

His liability with his household insurance should pick it up - as long as he has some

I think this would be covered by building insurance - which I think is mandatory for anyone who has a mortgage.

[lynx]

Try looking from the other side of the fence so to speak. If you had ownership of a wall which you kept well maintained and in a sound condition and someone turned up at your door seeking compensation for damage due to an act of god, what would your reaction be.
There may not be automatic negligence - if the owner can show he took reasonable steps to maintain the walls integrity, you may have to take the hit yourself.Good luck.

[Steve.EX]

Yup absolutely. There may well be an issue over whether the wall is in a state of disrepair or an act of god thing.

[Goody]

Originally Posted by Pat_C

I think this would be covered by building insurance - which I think is mandatory for anyone who has a mortgage.

"IF" there was any liability on his part, it would have to come under his contents cover as that provides cover for liability as occupier of the property; buildings cover gives you liability as owner but the majority of instances where there is negligence and, therefore liability, come under the occupiers' liability heading.

Lynx, however, has hit the nail on the head with his comment - there may be no liability at all and you may just have to "bite the bullet".

[Astaroth]

To hold the other party liable you must be able to prove that they were negligent so in this type of incident prove that a reasonable person (not an expert) would have realised that there was an issue with the wall and had reasonable time to fix the problem. If it is simply bad luck (as 99% of these are) then it is an act of god and not negligence and so the third party would not be liable for the damage to your vehicle.

[raigraphixs]

'act of god' - is there such a thing?, what if your a non believer.

Can one use that say you get caught speeding,..officer i did not have my hands on the wheel, it was gods work.

I think my caffine intake is too high. Back on topic, sorry.



...

[arthurx1234]

Well i have put an estimate for the repair through this morons door £680 plus photos asking that they be forwarded to his/her building insurance company

no doubt i will be getting a letter from a solicitor saying i am harrassing his client

There are certain companies out there that pursue these type of claims on a no win no fee basis
anyone know of any that are any good?

arthur

[Goody]

Asking him to send it to his buildings insurers will only delay matters. It needs to go to his contents insurers.

[sjj84]

Originally Posted by raigraphixs

'act of god' - is there such a thing?, what if your a non believer.


...

Yes there is such a thing, or there is according to insurance companies at least. I know of one person that had a tree fall on her car and another that had a wall fall on his whilst parked up and both insurance companies said it was an act of god and didn't pay out. It's outrageous what they get away with, might aswell be theft.

[DLPMaybe]

Originally Posted by lynx

....act of god....

Try suing god.