Storm damage to car

Shosh

My car was damaged by the neighbours plastic slide in the last storm. They are refusing to pay as they weren't home at the time and I have no evidence. Anyone have any advice on what to do and who is liable?

SpaceSasqwatch

Shosh wrote: »

and I have no evidence

there's the problem.....

Shosh

SpaceSasqwatch wrote: »

there's the problem.....

My other neighbours saw the slide against the car but it happened on the Thursday and I didn't get a chance to tell the owners of the slide till Saturday by which time the slide was moved! Is that enough to make them pay?

Peregrinus

Where was the slide? Where was the car? And have you claimed on your insurance?

Zambia

So the storm picked up the Children's slide and it damaged your car correct?

How do you see him as being liable, did he throw it at your car during the storm.

Peregrinus

Zambia wrote: »

So the storm picked up the Children's slide and it damaged your car correct?

How do you see him as being liable, did he throw it at your car during the storm.

The OP doesn't see him as being liable. He asks who is liable.

The answer is, most likely no-one. Storm damage is fairly typical of the kind of damage that you take out insurance for, precisely because you won't be able to point to anyone else who is at fault, and claim from them. On special facts you might be able to make a case that your neighbour is at fault - e.g. the slide was improperly erected or secured or otherwise unsafe - but this isn't established simply by pointing to the fact that it blew away in a storm. Things blow away in storms.

LucidLife

Open to correction but I'm sure all insurance companies will claim it's an act of god and render themselves not liable. And your neighbour sure isn't liable as done nothing wrong. The 'act of god' thing is a genuinely sick but widely used loophole.

Peregrinus

The notion that insurance policies routinely exclude "acts of god" is an urban myth. It's entirely a matter for the terms of the policy as to whether storm damage or any other act of god is covered or not. It wouldn't be at all unusual for it to be covered in a motor policy (and it would invariably be covered in a comprehensive policy). Is it covered in the OP's policy? There's only one way to find out, which is to ask his insurer.

Zambia

Peregrinus wrote: »

The notion that insurance policies routinely exclude "acts of god" is an urban myth. It's entirely a matter for the terms of the policy as to whether storm damage or any other act of god is covered or not. It wouldn't be at all unusual for it to be covered in a motor policy (and it would invariably be covered in a comprehensive policy). Is it covered in the OP's policy? There's only one way to find out, which is to ask his insurer.

If there are only two parties involved and one is asking who is liable its pretty clear that party is in doubt its their liability. Plus he has already asked the owner of the slide to compensate him.

Essentially the quote above is correct, ask your insurer.

Shosh

The slide was in their garden, my car in mine. So if the storm picked the slide up no one is liable? Will I need to go through my own insurance?

Zambia

Shosh wrote: »

The slide was in their garden, my car in mine. So if the storm picked the slide up no one is liable? Will I need to go through my own insurance?

What does your insurer say?

AndonHandon

Your insurance company may compensate you OP. It's unlikely they will chase your neighbours so if they do pay out to you then I would imagine (although they'll warn you) that the matter won't go to Court.

Peregrinus

Shosh wrote: »

The slide was in their garden, my car in mine. So if the storm picked the slide up no one is liable? Will I need to go through my own insurance?

Yes. I don't think you have a claim against your neighbours, and neither do your insurers. Consequently there's no claim against the neighbour's insurers either.

MarkAnthony

Rylands v Fletcher? :pac:

234

MarkAnthony wrote: »

Rylands v Fletcher? :pac:

What kind of kids' slide qualifies as a hazardous activity?

MarkAnthony

234 wrote: »

What kind of kids' slide qualifies as a hazardous activity?

You've obviously never been drunk around one!

amen

what happens if I was walking along the street minding my own business and the slide hit me causing me to fall and break my leg/arm.

I don't have insurance ( like the ops car) so what would happen ?

MarkAnthony

amen wrote: »

what happens if I was walking along the street minding my own business and the slide hit me causing me to fall and break my leg/arm.

I don't have insurance ( like the ops car) so what would happen ?

Our health system would kick in as well as our social welfare system.

Not every bad thing that happen is actionable, contrary to popular belief.

That said bit moronic to leave the bloody thing out during high winds.

Tell me how

Just as an aside.

A couple of years ago during a severe storm I came home one evening to find 2 wooden fence panels missing from my garden fence. They were 6ft square each. One of them was in the neighbours garden. The 2nd one I never saw again and I looked for it in all neighbours gardens up to 6 houses away the evening of the day it went missing.

I assume someone saw it and scrapped it or broke it up or something but I was concerned that I might hear of someone having been hit in the head with a fence panel that came from nowhere. They weighed 10 kilos, that wouldn't have been pretty.

I wouldn't have felt legally responsible due to them having been in use as intended but if someone had approached me and said their kitchen window had been broken and the panel was lying there I think I would have contributed to the repair.