What do I do???

bmc58

This morning (Fri) my neighbour's rubbish bin,which was left out for collection was blown by the very strong wind into my 2015 car causing a nice dent in the right front wing of my car.She/he(I don't want to say whether it was a him or a she) was gone to work at the time.I was in my front room and heard the bang outside and went out and saw the bin on the ground and the dent in my card wing and the rubbish bin right beside the car..It's going to cost some amount(I'm not sure) to get it fixed.What can I do? I can't prove it? But I know it was her/his bin that caused the dent.I am going to have to get the dent fixed as I am planning to change the car next year.
Is my neighbour responsible for her/his bins?

Zaph

Moved from Forum Requests, but if this isn't the proper home for this mods please feel free to move it on.

Victor

Just to let you know, we can't give you legal advice.

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Take photos, write everything down.

You might be stuck, insofar as the neighbour didn't do anything. It was a little blustery at times today, but it's not as if there was a storm where it could have been predicted that such an event might happen.

Talk to your insurance company.

Mr. Incognito

1. You only have circumstantial evidence though its likely.

2. Id rather have good relations with my neighbour. Presumably if you can afford a 2015 car you can afford the repair.

3. Id call to my neighbour. Explain the situation and ask them to pay half.

Esel

Victor wrote: »

Just to let you know, we cannot give you legal advice

FTFY

JustAThought

Unless you say you were looking out the window while drinking a coffee & saw it you might struggle .

MarkAnthony

The neighbour is not at fault I'm afraid OP, so you can get all the dodgey suggestions you like on evidential burdens. :pac:

Have a discussion with them and see if it's possible to claim on their home insurance, I suspect the answer will be the same though, there's no liability.

NUTLEY BOY

MarkAnthony wrote: »

The neighbour is not at fault I'm afraid OP, so you can get all the dodgey suggestions you like on evidential burdens. :pac:

Have a discussion with them and see if it's possible to claim on their home insurance, I suspect the answer will be the same though, there's no liability.

Would you take a different view if there were gales (force 8) or strong gales (force 9) forecast for the time in question ? I am thinking about foreseeability.

JustAThought

NUTLEY BOY wrote: »

Would you take a different view if there were gales (force 8) or strong gales (force 9) forecast for the time in question ? I am thinking about foreseeability.

Actually good point - if it was caused by wind would this be considered an act of God and therefore the usual insurance exclusions / get out of paying clauses might apply?

drunkmonkey

It might not cost as much as you think, a good panel beater may be able to pull it out. €200 could go a long way.

Into The Blue

If it's a large dent, it may well push out.. Worth a shot.

coylemj

JustAThought wrote: »

Unless you say you were looking out the window while drinking a coffee & saw it you might struggle .

You're applying the rule ('beyond reasonable doubt') that applies in a criminal case. The OP's account would be more than enough to satisfy the rule ('the balance of probability') that applies in a civil case.

bmc58 wrote: »

I was in my front room and heard the bang outside and went out and saw the bin on the ground and the dent in my card wing and the rubbish bin right beside the car..

GM228

coylemj wrote: »

You're applying the rule ('beyond reasonable doubt') that applies in a criminal case. The OP's account would be more than enough to satisfy the rule ('the balance of probability') that applies in a civil case.

The balance of probability of the bin hitting the car is correct, however that dosn't mean the bins owner is still liable,

However my thinking is it would also have to be shown on the balance of probability that the owner of the bin had a reasonable foreseeablity that the bin could be blown by the wind i.e the owner was negligent.

the_pen_turner

I think what needs to be asked is who left the bin there (neighbour or bin company) and what steps did they take to make sure the bin was safe and not a danger to the public.

if the bin had hit a child seriously hurt them I think the person who put it there would be responsible

NUTLEY BOY

JustAThought wrote: »

NUTLEY BOY wrote: »

Would you take a different view if there were gales (force 8) or strong gales (force 9) forecast for the time in question ? I am thinking about foreseeability.

Actually good point - if it was caused by wind would this be considered an act of God and therefore the usual insurance exclusions / get out of paying clauses might apply?

Wind is an Act of God (Vis Major). Generally, it is something that cannot be controlled by human intervention.

However, an Act of God might be capable of being foreseen and that is where the distinction can get foggy. If a particular Act of God is reasonably foreseeable that may bring it within the reasonable foreseeability rule of the tort of negligence. Much turns on the facts of the individual case.

If a particular Act of God was not reasonably foreseeable then there is probably no duty of care. Conversely, if it was reasonably foreseeable a duty of care may well arise. Whether or not there is a breach of a duty of care turns very much on the facts of any case.

FYI the Act of God excuse so allegedly beloved of insurance policies and insurance underwriters is largely urban mythology.

Very few insurance contracts actually have the concept in their wordings and those that do are usually certain specialised commercial contracts.

Conversely, I have had dealings with insurance company claims geniuses who throw out the Act of God as a semi-automatic reflex. When pressed to explain themselves they usually shrivel

So, in this case you need to judge if it was reasonable for the neighbour to put out the bin having regard for the prevailing and forecast weather conditions. If nothing unusually hazardous was inherent in the actual or forecast weather then there has probably been no breach of the duty of care. Conversely, if a howling tempest was forecast the neighbour would have a duty to consider the reasonably foreseeable consequences of putting out the bin and or failing to take adequate precautions to put it out without hazard to "neighbours" within the Donoghue -v- Stevenson concept.

hullaballoo

Folks, can we please make a bit of an effort to either refrain from quoting posts with broken

tags or else remedy the problem before posting? Apart from being jarring on the eye, there is a risk of misattribution that could cause problems should discussion get a little more robust.