to ask neighbour for payment to fix my car?

[youarekidding]

I genuinely have no idea if IABU or not - please help!

Neighbours bought house off plan - never lived there and now it's sold. Have not met them for this reason.

Now - you may have noticed! - it's been very windy the past 2 days. Neighbours fence has come lose and this morning it blew off chipping my windscreen and scratching my car.

Windscreen fixed free (autoglass type deal) and doesn't affect NCB so not a problem. Thing is the scratch will rust if not fixed and I do not want to claim on my insurance if possible. I cannot afford to fix it.

Now - my car has it MOT due next month and if it's really expensive to fix I may not keep it.

So AIBU to contact my neighbour through the agent (I would drop a note through the door but do not think they and haven't seen then enter the property so may not get it) explaining the situation and asking them that IF the car passes the MOT and stays on the road that they pay to get the scratch fixed.

So far suggestions from friends have been:

1. get them to pay for scratch. If car goes use the cash for something else.
   
2. get them to pay for the scratch and fix it because it may start to rust and car may be kept on the road.
   
   Neither of these sit comfortably with me.
   
   TIA.

[youarekidding]

Sorry should have said I'll ask neighbour for payment IF the car stays on the road - so write and explain the situation and that I may need payment and when so they have plenty of notice?

[WorraLiberty]

How deep is the scratch?

Can you get rid of it yourself with T- Cut?

[AdventuresWithVoles]

Sounds very reasonable in real life, but I sniff a legal problem if you imply the car may be a heap of junk.
Might be much better to
A) say nothing until MOT pass.
//OR//
B) Write now to say that the car has sustained damage & that you are seeking quotes for repairs. Say that if the repairs are beyond a small sum you will ask for compensation.

In reality, you will go ahead & get quotes, and then wait to see if it passes MOT before getting repair & asking for the full amount back. B) is probably safest bet, because you want to document now that the scratch is there.
They may dispute how the scratch happened, dunno what you can do to document that. Taking pictures or getting witness statements.

[mynewpassion]

The neighbor did not physically do damage to your car, it was a weather-related accident. Go to your insurance.

[AgentProvocateur]

I think YABU sorry. That's what you have insurance for. It's not your neigbour's fault unless they knew the fence was in a bad state of repair and didn't fix it ( which they couldn't know if they've never lived there)

[SofaKing]

I remember reading a while ago that you are only able to claim against neighbours if you can prove they have been negligent and not maintained their property. The article was about a lady whose neighbour's chimney had fallen down and damaged her house, and she was homeless as she hadn't been insured and her neighbour's insurance wouldn't pay as they had not been negligent.

Having said that, they may be willing to pay for the damage even though they aren't liable - after all if they will sell that house they may need your goodwill to do so. I'd try a super polite and reasonable note to the agent asking them to pay some of the cost, and a written estimate to prove you are genuine. They can only say no!

[PurplePidjin]

You'll probably be able to get a touch up pen for under a tenner, why not try Halfraud's first?

[JarethTheGoblinKing]

YABU. T-cut it and don't ask the neighbor. If you want it fixed, then go through your insurance.

Might be worth checking if weather-related things actually you need to use your no claims. (no idea if they do or not btw)

[youarekidding]

I have yet to check my insurance mynew I have had a wonder if they'll cover it as it's weather. Also it's £100 excess and a loss of NCB - which could push insurance up by way more next year.

Adventures yes that sounds reasonable. The car is not a heap of junk despite my description of it!! Luckily bodywork and engine are perfectly fine but just the age old rust underbody and welding. (welding can cost a bomb!!)
Easily to document the damage - another neightbour is a witness and had the lovely job of informing me, his fence is in his back garden (we put it there) and I said I'd contact the agents to tell them.

Possibly T-cut worra

[AnyoneForTennis]

Good grief!! I am that you are thinking along those lines.

[throckenholt]

They will know their fence has blown down. I would take a photo the damage to your car, draw a diagram of where your car was in relation to the fence and send it to the neighbours and ask them to pay for it. They will have to sort out the fence as well presumably. Either they will claim on their insurance or pay it themselves.

[AdventuresWithVoles]

If OP tries to fix it with T-cut, but it turns out to be too deep/nasty, would she botch the professionals being able to cheaply fix it later?

T-cut is better approach IF it works, much better than chasing faceless people for £80.

[MateyM00]

yes, a few years ago, a chunk of cast iron drainpipe fell onto the car infront, bounced off them, into my roof, off my roof and into the car behind me.

we were stationary at traffic lights at the time. I got hild of the pipe and managed to keep it. It was off a university building and they denied the claim on all three cars becasue the drainpipe had been recently painted.

we all had to claim off our own insurance. i wished it had gone through my windscreen because that would have caused less damage and would have been cheaper to fix.

I dread to think what would have happened if it had landed on a students head though!

[youarekidding]

They have failed to maintain it (they don't attend to the property) - or fix the damn fence properly as this is the 3rd time in a year it's blown off!! I have proof as the agents have been informed twice before. (house been on the market for a year).

I will definatly look into pens/ T-cut etc. I really do not want my neighbours to have to pay out where not necessary - I may be specualting a bit but they possibly have financial problems themselves reading between the lines of the house situation.

[mercibucket]

If you're thinking its days are numbered already, by the time rust has set in (surely a scratch won't be that bad anyway) it will be time to visit the scrapyard in the sky?

[mercibucket]

If you're thinking its days are numbered already, by the time rust has set in (surely a scratch won't be that bad anyway) it will be time to visit the scrapyard in the sky?

[youarekidding]

My car was parked in my car parking space - numbered for my house and everything

Looks like it may be an insurance job then. Hope they'll let me wait until I know if the car is remaining roadworthy or not!

[JumpingThroughHoops]

A scratch won't cause a car to fail its MOT

[goingtoofast]

I wouldn't pay if I was your neighbour would tell you to claim on your insurance, I would do they same myself if my own property was damaged.

[youarekidding]

Can I pose a hypothetical for all those who think IABU? (I accept your judgement btw just asking)

If your child was scootering/ cycling along the pavement and was blown off by the wind causing damage to a car parked on the road but at a kurb - would you expect to pay for the damage or say - use your insurance?

[youarekidding]

jumping No! The rusty undercarraige might though It's more a case of whether the cost of welding it more will be worth it.

[mynewpassion]

Yes, I would claim insurance in that situation. The child didn't deliberately hit the car. If I was the owner of the car, I wouldn't demand payment from the child or their parents either.

[WorraLiberty]

I wouldn't pay for the damage in your hypothetical scenario either.

I'd put it down to 'just one of those things'.

Possibly the reason I think like that is because I'm not a car owner (although I have been in the past)

Therefore in my mind, I really can't help it if people choose to buy expensive machinery and park it outside in public.

Obviously I would be as careful as I could not to damage anyone's property but if I or my children did by accident, I wouldn't be rushing to pay.

[mynewpassion]

Actually, I would be more afraid of the child demanding payment from me if he was seriously hurt and needed medical attention.

[AnyoneForTennis]

If the wind was that strong my child wouldn't be out in it!