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Old 17-02-2018, 01:42 PM   #11
fatdazza
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Slightly similar. We had a trampoline of ours blow over a 5ft fence and into the neighbours car.

I thought all would be well, claim on house insurance. No, not the case.

House insurance - covers houses
Car insurance - covers cars

Although it annoyed me, it does make sense!

However, I felt bad & coughed up the repair bill out of my own pocket.

I'm sure folk are more clued up than me but reading this sounds alot like my situation & I would get ready to make a claim off your car insurance as annoying & frustrating as it is.
AFAIK, your house insurance usually indemnifies you against claims from third parties. Such that If something from your property causes damages to the property of third party and they pursue a claim for loss against you then your house insurance will cover the loss. So if a tile falls from your roof onto your neighbours car, then your house insurance should cover it. Your house insurance should cover it whether the tile hits a car, a person, or goes through your neighbours window.

I suspect your insurance did not cover you because your house insurance did not cover you for damage caused by an untethered trampoline.
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Old 17-02-2018, 07:30 PM   #12
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AFAIK, your house insurance usually indemnifies you against claims from third parties. Such that If something from your property causes damages to the property of third party and they pursue a claim for loss against you then your house insurance will cover the loss. So if a tile falls from your roof onto your neighbours car, then your house insurance should cover it. Your house insurance should cover it whether the tile hits a car, a person, or goes through your neighbours window.

I suspect your insurance did not cover you because your house insurance did not cover you for damage caused by an untethered trampoline.
Well it's funny you should give me the example of a tile . Because the chap from the insurance company said even if our chimney fell down & hit his car, it would still be down to his car insurance to claim off for the repair of his vehicle. Which did surprise me. Whether he was just trying to fob me off but he appeared pretty calm & confident about his information!
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Old 17-02-2018, 09:06 PM   #13
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Tiles falling off in a storm can be messy where Liability is concerned. It is all down to negligence, so you would need to be able to prove that the home owner was aware the tiles were lose and failed to act in securing them, and therefore negligent as they came loose during a storm.
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Old 17-02-2018, 11:25 PM   #14
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Tiles falling off in a storm can be messy where Liability is concerned. It is all down to negligence, so you would need to be able to prove that the home owner was aware the tiles were lose and failed to act in securing them, and therefore negligent as they came loose during a storm.
Bang on the money on what I was told - hence, chimney falls down. If it was unforseen then car insurance pays up.

At first I thought this was a stupid logic - but it does kind of make sense. Although if it ever happened to my vehicle & I ended up losing my NCD I'd be furious!
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Old 18-02-2018, 09:06 AM   #15
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Sorry, should have been a bit clearer. To pursue a claim gainst a third party you would have to show that they had been negligent and as a result you had sufferred a loss. I.e that it was reasonably foreseeable that some damage would occur from their action or inaction.

So if their roof was in bad repair, then you could argue they were negligent in not repairing it if a tile fell off and hit your car. Likewise with the trampoline, if your neighbour could show that a reasonable person would tether a trampoline (eg because the manufacturer recommended tethering) then they could pursue a claim against you.
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Old 18-02-2018, 12:10 PM   #16
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Thank you all. My mum will be contacting her house insurance tomorrow to seek legal advice, she is pretty sure she has it on her policy.

For third party claims, as you have discussed above, I would need to prove negligence. The tenants know it has hit both their car and van which should prove negligence but they will deny ever saying this and why I wanted to know if my witness statements are worth anything.

If the wind wasn’t bad then the garage door wouldn’t have reached my car hence the ‘act of god’ statement.

Unfortunately the owner is the sort of person that will deny deny deny and tell everyone he isn’t renting against the terms on his deeds until he is blue in the face. The only way I’ll get anywhere is to pursue it legally.

Last edited by Curley89; 18-02-2018 at 12:17 PM.
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Old 19-02-2018, 09:25 PM   #17
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Turns out she doesn’t have any legal expenses cover so I’ll be paying for advice, can anyone advise what I should be looking for? Contacting my car insurance isn’t an option. I literally couldn’t insure my car next year.

In the mean time, if I was to pursue via small claims, do you think I would start proceedings against a the tenant or the owner? If I state the tenant, I’m assuming the home owners insurance would usually be contacted if everything was above board and he has the correct insurance?
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Old 19-02-2018, 09:45 PM   #18
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You need to pursue the person responsible. My best guess would be the owner as he owns both the house and the garage door. So it is his door that has caused the damage. Whilst he may have told the tenants to get rid of it, that’s probably not good enough as he should have employed a service to collect and dispose of it, especially if he has been made aware it was causing damage.

As I mentioned earlier though, this is complicated by the tenants knowing it was in a place where it could cause damage and returning it back there after it had previously blown away.

I still reckon it will be down to the landlord/owner though. But seek advice.

It’s up to the landlord if he wants to involve his insurance or not to cover the costs, that’s all down to him.
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Old 19-02-2018, 10:03 PM   #19
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You need to pursue the person responsible. My best guess would be the owner as he owns both the house and the garage door. So it is his door that has caused the damage. Whilst he may have told the tenants to get rid of it, that’s probably not good enough as he should have employed a service to collect and dispose of it, especially if he has been made aware it was causing damage.

As I mentioned earlier though, this is complicated by the tenants knowing it was in a place where it could cause damage and returning it back there after it had previously blown away.

I still reckon it will be down to the landlord/owner though. But seek advice.

It’s up to the landlord if he wants to involve his insurance or not to cover the costs, that’s all down to him.
He isn't admitting it is his garage door and is saying the previous tenants left it at the house. I know for a fact it is his door but if he is denying it he could say someone else dumped it on his property and he wasn't aware of it. I'm worried the tenants wont admit they informed him that the garage door hit their car before mine as they'll have his interests as a priority
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