Storm damage?

Discussion in 'General Chat' started by rb5201, Sep 26, 2017.

  1. rb5201

    rb5201
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    Quick question.... during the windy night a week or so ago my gazebo blow over my fence and into neighbour's garden. It hit her kitchen window breaking the first pane of double glazing. My first thought was do the right thing. However she is now insisting on using what I am sure is the most expensive glazer and gett8ng funny about other suggestions have asked.
    Legally do I have to do anything? I believe I am not negligent as gazebo has not moved in last 2 years and so I had no reason to think it ever would.
    So should I just tell her to sort it out through her insurers. Presuming it would go through hers not mine.
    If I did this I could do the decent thing and pay the excess (though I believe I don't have to?)
    Any legal/insurance experts out there?
     
  2. PSM1

    PSM1
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    I would have thought she would claim via your public/third party liability bit of your home insurance.
    Have you asked why she wants to use the glazers she has? Have you had any other quoted to compare the price?
     
  3. Aerojon

    Aerojon
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    how big is the glass unit..
     
  4. shoestring25

    shoestring25
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    i would just say to them dont do anything i will get it all sorted out for you you dont have to do a thing then get your own person to do it. if they say no just say ok wont do anything you can pay for it
     
  5. Ataripower

    Ataripower
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    Exactly this. Unfortunately some people take the mick when you try and do the right thing.
     
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  6. rb5201

    rb5201
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    It's only a small kitchen window.
     
  7. Flashy

    Flashy
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    The neighbour is still the wronged party, though – your gazebo blew into her window. Not her fault. Doesn't mean it's your fault, it's one of those things, but she's the one with damage to sort (although you've presumably got an uprooted gazebo to deal with, too).

    Given it was an unfortunate accident, and in hindsight, I think for me 'doing the right thing' would be going down the insurance route. That's what insurance is there for, and means any disagreements like this can be avoided.
     
  8. Astaroth

    Astaroth
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    As you have said, for you to be liable they would have to be able to show that, on the balance of probability, you have been negligent. The definition of which is doing something a reasonable person wouldnt do or failure to do something a reasonable person would have done.

    So the question in this case really comes down to the state of repair of your gazebo. If it is rotten or poorly constructed and the average person would have easily been able to spot it needed some maintenance then its likely you'd be found liable. If it looked to be in a good state of repair and reasonable construction etc then there is no negligence and so no liability.

    Home insurers are typically terrible at making recoveries even when there is a potential case to be had let alone when there isnt. If she claims from her insurance you'll be unlikely to ever hear anything about it but if you did you'd direct them to your insurers and they'd deal with it between themselves - mainly by your insurers telling theirs to go whistle.

    Now you may choose to go beyond what your legal requirements are for the sake of neighbourly relations and make a contribution on a without prejudice basis but you arent obliged to in the absense of negligence
     
  9. IronGiant

    IronGiant
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    I'm just wondering whether a Gazebo would be classed as a temporary structure (even though it's been up for two years) that wouldn't be expected to stay up in a storm, (that was forecast in advance). Would this have any bearing on liability?
     
  10. Astaroth

    Astaroth
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    That comes back to the point on construction... the gazebo my parents had in the 90s was a wooden structure with is uprights secured in steel casements set in concrete and so certainly wasnt a temporary structure any more than fencing is. If its a freestanding plastic structure thats not in anyway anchored then it may be considered unreasonable to leave it up in a storm and therefore create liability.
     
  11. rb5201

    rb5201
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    Gazebo is a heavy duty construction, 3.5 by 3.5metres. And is heavy. Took 4 of us one on each edge to do construct. I have a glazer of my choice going there tonight. If she not happy with using him then I think I'll suggest she goes through insurance. Lucky for me it didn't go over the other fence as it would have landed on another neighbours rather large greenhouse!!
     
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  12. blue max

    blue max
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    I think that is a perfectly reasonable course of action. I'd want to check out the condition of the pane too, in case it was past it's best. They only have a life of about ten years (allegedly). It may be you contribute to the cost. But that depends on how well you get on with them and if they are being reasonable too.
     
  13. noiseboy72

    noiseboy72
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    Legally, it is the duty of any claimant to minimise costs. You can therefore insist that 3 quotes are obtained and then settle based upon the average cost. If she insists upon using a more expensive company, then you can claim that this is betterment and she pays the difference.

    You do have at least some responsibility, as an item you admit belongs to you has caused damage to her property, but equally, she has no right to benefit from the incident.
     
  14. Astaroth

    Astaroth
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    How is it betterment simply by using glazer B rather than glazer A? Unless they have some undisclosed financial interest or B is intending to use handblown swarovski crystal -v- the bog standard glass thats currently in the unit then its not betterment but may not be them mitigating their losses.

    The days of having to get 3 quotes for every claim are long gone and wouldnt be considered reasonable to demand it... the loss mitigation also only has to be reasonable. If the OP wants to pay and feels the orginal quote is too high then realistically one additional quote is really as much as they could demand
     
  15. noiseboy72

    noiseboy72
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    With double glazing, there's a hell of a lot of choice of glass. Different coatings, glass thickness, you name it.

    It think it's reasonable to ask for at least one more quote if you feel she is going for the most expensive glazier in the town, but you do need to get a spread of pricing to make an informed decision.
     

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