MegaSack DRAW - This year's winner is user - rgwb
We will be in touch
I'm looking for advice about an issue with my neighbours, they've been using there garage roof to store things on for ages, I've asked them to secure some of the stuff in the past as it could be used quite easily by someone passing (if they were that way inclined) to break into any number of houses close by, but they haven't. During the bad weather last month some of this equipment blew off the garage roof (the same tools I'd asked them to secure) & damaged my property causing close to 2k worth of damage, the next morning they came round all apologetic & said they'd pay for the damage, but after several weeks of chasing them I'm getting nowhere, so small claims court is the next option.
If I'm honest it's as much about them just not bothering as it is about the money, I'm the one knocking the door rather than them popping round & saying something. I've even offered to pay half the costs, but if I have to take it to SCC I'm not going to be as generous.
I know that acts of god aren't covered, but surely leaving this equipment lying around on the roof after being asked to secure it & all the warnings we had about the strong winds makes them negligent?
Does anyone know where I'd stand I do have to take them to SCC?
You told them to sort it. they didn't. shit hit the fan, and you're going to pay half..... Grow a pair and get them to sort it out.
You really really don't want to be taking your neighbours to court. It could show up as a dispute if/when you come to sell. And apart from that, they know where you live...
If they can't/won't secure their stuff the perhaps you could secure it for them 😉
Legal cover through home insurance? Can you claim on yours and get them to pursue your neighbours insurance for the cash - it might even end up better for you that way than costs or not getting paid from the SCC - it still relies on them paying up and they could end up on a 20 year payment plan.
John,
They've moved it now 🙂 I really don't care about it showing as a dispute, they've damaged plenty of things in the past but we've had no proof.
Mike:
I don't think the house insurance will do anything, it was my untaxed/uninsured summer car that was damaged, the neighbours have already told me they have no insurance
You know who you need!
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It'd be a shame if those tools were to be stolen in the night, what with being unsecured and all. Things need to be nailed down these days 😉
ninfan - MemberYou know who you need!
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Half of 80's boy band bros?
gotta love Judge Rinder 🙂
Half of 80's boy band bros?
More like a 3rd. Fun and uninteresting fact: one of my neighbours was dating one of the brothers, he used to drive down our road in a shiny red Porsche with the numberplate BRO5.
mogrim - MemberMore like a 3rd.
I'll never accept Craig Logan as a true band member 🙂
surely it's an insurance company job?
I'd rather it was my insurers suing my neghbour than me.
I could just say 'well I made a claim, it's their choice to recover the loss from you - I'm sorry but it's out of my hands'
This is exactly the sort of thing you pay insurance for.
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Yes, some insurance policies, I've been informed, do include legal assistance. Chat to your insurer too.
Gut reaction while doing other things is it is a clear case of negligence and the starting point would be a case called Rylands v fletcher . basically if you store stuff on your land that could damage your neighbouring properties you need to keep it secure. The case was about a resivoir flooding neighboring land.
Strong winds are not 'acts of god' it's an insurable loss. Get your insurers to chase theirs.
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I'll have a chat with my insurers when I get home, but as the neighbours have no insurance & the damage was to a car I think it might become difficult, we also had a nightmare trying to find decent insurance last year as we had two bikes stolen within a short time of each other & they were included in the house insurance cover.
Why can't people just do the right thing? It's beyond me.
Because they're shits with no sense of responsibility or respect.
Call their bluff. Tell them you made a claim and since been informed by your insurance company they they will proceed with legal. You have a 14 day period in which to cancel proceedings or else someone will foot the bill; you, if you cancel after the 14 days or them when they inevitably are found to be at fault. "I was just going to claim, didn't want it to get all legal, thought you best know.....you have 10 days to pay". No 50/50 nonsense. Clearly, if they call you bluff and you don't follow up with; bombers, hi 5 to the face, pissinshoes, shitinthemail, you'll look like a right soft touch. I'd also secure their tools, for the safety of the public/ebay gains.
Just popped round again, had a chat & gave them till the end of the month to sort it out, if nothing by then I'll just go to small claims court, I really don't want to go through my insurance after the hassle we've had getting covered since the thefts & I'd imagine the insurance will get jacked up again if I make a claim so I'd lose out there as well. Besides I can't find the "safe place" I've put the insurance documents 🙂
Part of me wants to take them to court after all the grief we've had from them in the past & watch them try to wriggle out of it by saying the usual "it wasn't us, don't know what you're on about" which has been there get out for damaged fences, paint on new gates & fked garage roof.
Does anyone know if I'd name the person renting the house from the council or the adult son who owns the stuff? I'd imagine the tenant is responsible for whatever is on there property.
But to put things in perspective I popped round to my elderly neighbour on the other side to let her know we were having some work done & found she'd locked herself in the small porch & had been there for 4 hours, much pushing & shoving of my youngest daughter through a small window & we were able to open the door, it could have ended up much worse as her son wasn't coming till Sunday.
IANAL but if you go through small claims and win and they're skint you might "win" a £5 a week for the next 20 years settlement. Use the insurance route they settle and chase the neighbours. Plus as mentioned, you just tell them you went to insurance to get the damage fixed, whereas if if YOU take them to court it's YOU taking them to court and I can see that ending up with an insurance claim anyway
ChubbyBlokeInLycraUse the insurance route they settle and chase the neighbours
Do the insurance company actually do this though or do they just pay out & not chase it up?
If it was damage to a car or parts of a car then your home insurance will likely not cover you anyway.
Do the insurance company actually do this though or do they just pay out & not chase it up?
who cares so long as they they stump up? But I'd have thought they'd be looking at recovering their losses if there's someone they can show as at fault