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Old 16-02-2018, 11:25 AM   #1
Curley89
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Thumbs down Neighbours property caused damaged to my car

I have a car parked on my mothers drive and she called me last month to tell me her neighbours garage door had fell and hit my car. There is no garage at the house, it was just a free standing garage door as the owner of the house fits garage doors for his job.

When I arrived, the garage door was lay in front of my car and the damaged looked like it has hit my door and then slid down to the front of the car.

The door had caused dents and gone through the paintwork on my bonnet, wing, front bumper, door, mirror and headlight. Not a simple dent removal and smart repair job by any means.

The neighbours house is rented out to tenants. I knocked their door and asked them if they knew what had happened and they informed me that the wind had blew the garage door on to my car on two occasions and the wind from the night before had obviously caused it to happen again. On the previous occasions they have lifted the door off my car and put it back up against their house.

They tell me the garage door was there when they moved in and it belonged to the owner of the house. They explain the door keeps falling and hitting their van and car so they informed the owner of the house and he told them it wasn’t his door any more so they should just get rid of it.

I have contacted the owner who wanted nothing to do with this. I explained I would need to go down the route of small claims. I cannot put another claim on my insurance, I had a car was stolen last year, I lost my NCB so another claim on top of that would make it impossible to insure my current car. He says his home insurance will not cover it as it is an act of god but I have two witnesses and one independent witness that have agreed to give statements to explain the tenants admitted the door has hit their cars before mine therefore proving negligence.

I eventually agreed to meet him at the house to show him the damage and what had happened. He requested 5 days to get advice and find out where he stood. This was three weeks ago and he is no longer replying to my phone calls and messages.

I am really just looking for some advise before I start small claims proceedings as I have never done this before.
Will the two witnesses statements from my parents and one independent witness statements from another home owner in the same street alone help prove negligence?
The owner is illegally renting out this property. He has bought the house on the same scheme as my mother (half rent half mortgage) which does not allow him to have tenants. I have tried to settle this without courts, mainly for this reason but I am getting nowhere.
I believe I should be proceeding with small claims against the tenants as it was in fact them who were negligent to the garage door hitting their car multiple times before hitting mine. Is this correct?
I only have the tenants first names so cannot start proceedings against them at the moment.
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Old 16-02-2018, 11:50 AM   #2
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He says his home insurance will not cover it as it is an act of god but I have two witnesses and one independent witness that have agreed to give statements to explain the tenants admitted the door has hit their cars before mine therefore proving negligence.
This is not true, there is no such thing as an act of God in insurance.

If he is renting out the property, he should really have a landlords/property owners insurance in place. Within that cover there will be "Property Owners Liability Insurance" which should indemnify this type of incident, i.e. damage as a result of his ownership of the property.

However, if he renting it out illegally, then in all likelihood he won't have proper insurance in place.

Home insurance does cover Property Owners Liability, but if he is not residing at the property then his home insurance is most likely invalid anyway.

Do you have any legal expenses cover on your own Home Insurance? Whilst this is a motor claim effectively, they should have a legal helpline and be able to give you advice without the need for you to involve your motor insurers.
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Old 16-02-2018, 11:52 AM   #3
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He says his home insurance will not cover it as it is an act of god.........
Guarantee anyone who uses that line is NOT religious.... Punch him in the face and tell him the same "God" told you to do that

If it keeps falling over, and he was aware it's causing an issue, then surely he is responsible!

Had it been a roof tile that hit the car, then the "act of God" line might go in his favour. But in this case, he's left "rubbish" at the side of his property which has then caused damage to someone else's property.
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Old 16-02-2018, 12:20 PM   #4
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The home owners left it there as its no use to him anymore. The tenants have admitted its hit their vehicle so thought it was a brilliant idea to stand it back up to hit yours. There then that brain dead to stand it up again for it to damage your car again. If your respraying the wing bumper bonnet door you can easily be looking at £1000.
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Old 16-02-2018, 08:44 PM   #5
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no such thing as act of god, plus he would have public liability insurance that would cover him. usually goes up to 2 million.

your a being feed a line of smelly stuff that comes out rear end of a bull.

i used to sell home insurance for a living. so yes i'm a few out of date, but still something don't go out of date
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Old 16-02-2018, 08:56 PM   #6
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I would contact the Citizens Advice Bureau and seek their guidance.

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Old 16-02-2018, 09:15 PM   #7
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To be honest, CAB in my experience aren’t at all clued up on things like legal liability.

This needs proper consideration. On the face of it, the landlord is responsible as it is his old garage door and his property.

But the tenants have been told by the landlord to dispose of it. The landlord should have made arrangements to dispose of it as soon as the tenants made him aware it had caused damage.

But if the tenants keep putting back in the same place when they know it causes damage, then there’s some negligence there.

My thoughts would be that the landlord will be responsible, but legal liability and negligence can be a complicated thing and my recommendation would be professional legal advice (hence asking if you have legal expenses cover on your own home insurance).

I think you can probably forget about the landlord being insured against this, if he is letting the house out outside the terms of the deeds, then he’s unlikely to be insured properly. Either way, you claim against an individual anyway, the insurance (if correct done) is there to indemnify them.
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Old 16-02-2018, 10:14 PM   #8
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If he's letting it put illegally it may be worth letting him know somehow that you're aware of it. Might spook him into getting it sorted.
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Old 17-02-2018, 10:28 AM   #9
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As has been said I think you need some proper legal advice from a solicitor. If you don't have legal cover on either your home or car insurance, I'm guessing an initial consultation shouldn't cost more than £75. At least the you will know what your options are.

Good luck with getting this sorted it's not great for you, especially as it could have been prevented with a bit of common sense

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Old 17-02-2018, 01:01 PM   #10
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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.
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