Neighbour's fire damaged our property

UsBus

So our next door neighbour, (semi-d) managed to burn down their shed. The fire burnt the dividing fence in sections and cracked the windows of both properties. After initially stating they would cover all costs and are waiting on an assessor, they hinted they were not sure if their policy would cover the damage to our property.

I'm just wondering if they do not cover our damage, do we have to claim against our own home insurance or can we put a claim in on their policy..?

FileNotFound

UsBus wrote: »

So our next door neighbour, (semi-d) managed to burn down their shed. The fire burnt the dividing fence in sections and cracked the windows of both properties. After initially stating they would cover all costs and are waiting on an assessor, they hinted they were not sure if their policy would cover the damage to our property.

I'm just wondering if they do not cover our damage, do we have to claim against our own home insurance or can we put a claim in on their policy..?

Sorry have no direct knowledge myself but I would recommend calling your insurance company and ask them.

Much like car insurance it may be a case of your insurance taking care of you and recovering the costs from the other parties.

Either way they can probably provide better advice than anyone here.. You company will be disinclined to spend so will be more than happy to give you the necessary info you need to fight a case - if you have one, which as mentioned is something i can't answer.

I would be pointing out that if their insurance policy does not cover it, they will have to as they are responsible for damage to your property. That should focus their mind.

wench

Unless your neighbour caused the fire by their negligence, eg improperly stored flammable materials, then each householder claims from their own insurance policy.

UsBus

Dav010 wrote: »

I would be pointing out that if their insurance policy does not cover it, they will have to as they are responsible for damage to your property. That should focus their mind.

Yes, that was my next course of action. They hinted at it with my partner, to gauge the reaction I think. No way will I be involving my insurance company. Two types of people out there, those who would be mortified and rectify another's damage asap and then those with no shame.

wench

wench wrote: »

Unless your neighbour caused the fire by their negligence, eg improperly stored flammable materials, then each householder claims from their own insurance policy.

Where are you getting this from?

The op’s home insurance will increase if they make a claim, and most policies have an excess which is likely to mean the op has to pay some part of the costs. Why would the op do this if neighbour caused the damage?

wench

Dav010 wrote: »

Where are you getting this from?

From the Accidental Fires Act, 1943

http://www.irishstatutebook.ie/eli/1943/act/8/section/1/enacted/en/html#sec1

UsBus

wench wrote: »

Unless your neighbour caused the fire by their negligence, eg improperly stored flammable materials, then each householder claims from their own insurance policy.

Negligence, hot ashes stored in the shed beside fuel. At least that's the story for the assessor. I believe cigarettes were involved as well.

wench

UsBus wrote: »

Negligence, hot ashes stored in the shed beside fuel. At least that's the story for the assessor. I believe cigarettes were involved as well.

Then it sounds like they should be on the hook for it.
Get any documentation you can to support that.


If their insurer is uncooperative, you may need to go through yours, and have them claim it back from the neighbour's.

martinr5232

A relative of mine their house caught fire from the neighbours house fire they were semi d's. Neighbours insurance wouldnt pay for damage to my relatives house and they didnt have any insurance of their own. They ended up homeless not sure if they eventually got sorted or not.

markpb

UsBus wrote: »

Yes, that was my next course of action. They hinted at it with my partner, to gauge the reaction I think. No way will I be involving my insurance company. Two types of people out there, those who would be mortified and rectify another's damage asap and then those with no shame.

Also those who cannot afford to pay for the damage caused to their neighbours house and are aware of the law.

Lantus

House insurance isn't like car insurance. Your policy covers your property only and you need to make sure that it covers all eventualities like flooding from neighbours or fire. Your neighbours cannot pay for your damages as no liability extends beyond the insured property.

If it's fences and windows / gIass would consider getting a quote for direct repair and sort yourself if the costs are manageable. Remember that even a small claim on house insurance could incur huge premiums for many years to come where the premium cost can easily outstrip the repair cost resulting in an even greater cost.

L1011

You would need to prove negligence, likely in court, for an insurer to pay out. My neighbours had a probably arguable as negligence fire a few years ago, that I first noticed and phoned in - paid for the repair of my shed out of their own pocket when their insurer refused, knowing that a court case would just be throwing money away and end up costing them via premium increases.

Gael23

You need to notify your insurance company but they are liable.
I’d be taking a civil case otherwise

0lddog

Off topic aside to OP : if you havn't already then document ( incl lots of photographs ) this in detail.

UrbanFret

martinr5232 wrote: »

A relative of mine their house caught fire from the neighbours house fire they were semi d's. Neighbours insurance wouldnt pay for damage to my relatives house and they didnt have any insurance of their own. They ended up homeless not sure if they eventually got sorted or not.

Mustn't be very close relatives or you would nearly know what happened to them.:eek:

markpb

L1011 wrote: »

You would need to prove negligence, likely in court, for an insurer to pay out. My neighbours had a probably arguable as negligence fire a few years ago, that I first noticed and phoned in - paid for the repair of my shed out of their own pocket when their insurer refused, knowing that a court case would just be throwing money away and end up costing them via premium increases.

The act doesn’t mention anything about negligence, only accidental fires. I’m not sure if negligence would automatically mean that you could sue them.

markpb

markpb wrote: »

The act doesn’t mention anything about negligence, only accidental fires. I’m not sure if negligence would automatically mean that you could sue them.

Thanks to wench’s earlier reference to the Act, I looked up that very thing. The High Court has ruled you can sue if the neighbour is negligent.

Feeney v Andreucetti [2015] and Ramblers Way v Mr. Middleton Garden Shop [2012] and Nugent v Fogarty [2015].

In the last one, Justice Kearns found that the Fogartys were aware of the risk associated with the downlighters but that they still stored flammable material close enough to ignite. Accordingly, the defence provided by the 1943 Act could not apply and the Plaintiff was entitled to succeed.

Lantus

Dav010 wrote: »

Thanks to wench’s earlier reference to the Act, I looked up that very thing. The High Court has ruled you can sue if the neighbour is negligent.

Feeney v Andreucetti [2015] and Ramblers Way v Mr. Middleton Garden Shop [2012] and Nugent v Fogarty [2015].

In the last one, Justice Kearns found that the Fogartys were aware of the risk associated with the downlighters but that they still stored flammable material close enough to ignite. Accordingly, the defence provided by the 1943 Act could not apply and the Plaintiff was entitled to succeed.

Yeah the options there but it would need to be a serious loss to warrant. In this case I'm not sure if a fence panel and cracked window is justifiable? Depends on what financial outcome is predicted I suppose.

lawred2

martinr5232 wrote: »

A relative of mine their house caught fire from the neighbours house fire they were semi d's. Neighbours insurance wouldnt pay for damage to my relatives house and they didnt have any insurance of their own. They ended up homeless not sure if they eventually got sorted or not.

must have been distant relatives

Bass Reeves

House insurance is not like car insurance. It is not automatically loaded after a claim. When a claim of s settled you can get quotes from other insurance companies. Insurance are more likely not to quote than load. Generally the only reason they do not quote is because of risk of flooding and then they do not include that in the policy.

OP you have to inform your Insurance company.. I expect that you neighbours have been informed either by the accessor or the insurance company that they may/will not cover your damage. It is not there fault if that happens. The reason you have insurance is because of incidents like this use it.

I have had a storm damage claim and it did not effect my policy cost or my ability to shop around after claim was settled.

Buddy Bubs

Lantus wrote: »

House insurance isn't like car insurance. Your policy covers your property only and you need to make sure that it covers all eventualities like flooding from neighbours or fire. Your neighbours cannot pay for your damages as no liability extends beyond the insured property.

From personal experience that's incorrect, at least not correct in all cases. My parents semi d was gutted by fire and damage to the neighbours was covered. I did all the work with the assessors

wildwillow

The semi adjoining my friend's was fire damaged and the smoke caused her house to smell terribly. The neighbour's insurance paid for cleaning and shampooing carpets and laundry of all soft furninshings and her affected clothes.