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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think neighbour should pay for damage?

183 replies

Lauren1983 · 12/03/2019 16:05

Our next door neighbour's wheelie bin has crashed into our car and damaged the taillight. The bin is left by her garden backdoor in the private car park we all share. The bin was empty and unsecured and the high winds have caused it to roll 6 feet away and cause the damage.

Neighbour says she is not liable to pay as it was an accident however we will now be left £36 out of pocket. AIBU to think she should pay?

OP posts:
TheLightSideOfTheMoon · 12/03/2019 16:07

Maybe.

But this wind is pretty savage, and it was obviously an accident.

Go halves?

Mumofaprinny · 12/03/2019 16:07

Yep, she should pay and tell her you will be hearing for your solicitor if she doesn’t!

GreenFingersWouldBeHandy · 12/03/2019 16:08

It was an accident and obv not worth claiming on insurance. I'd second going halves.

CheesecakeAddict · 12/03/2019 16:08

Yabu. She doesn't control the weather. It was an accident. It was unfortunate bit not her fault.

Prequelle · 12/03/2019 16:09

I don't think she should have to. I don't think she was negligent in anyway.

WhenZogateSuperworm · 12/03/2019 16:09

£36? Really not worth the argument for me. Accidents happen.

Nautiloid · 12/03/2019 16:10

Not worth it in the name of neighbourly relations. I don't feel she is liable.

maggiecate · 12/03/2019 16:10

Does she have somewhere secure to leave her bin? If she can take it into her garden and shut the gate so it can't blow about than maybe YANBU, but if not, or if the bin has only just been emptied, then it's probably one to chalk up to bad luck I'm afraid.

Celebelly · 12/03/2019 16:10

I think for £36, I wouldn't pursue it. It seems purely an accident. I'd probably have offered if I was her, but I wouldn't ask someone to pay it. Just one of those things.

swingofthings · 12/03/2019 16:10

Why do people think that because something was an accident as opposed to something they meant to cause, they are not liable? Of course they should pay but ultimately what will you sldo if they don't? Pity to argue over £36 but you are right.

Knitclubchatter · 12/03/2019 16:11

Nope, not theirs to pay. Just like shopping carts that roll into parked cars from the wind.

Nicknacky · 12/03/2019 16:11

For £36 I would let it go, it’s just one of those things.

OpportunityKnocks · 12/03/2019 16:11

Yabu. It's windy. It's not her fault.

What would you do if it had been a rogue branch from a tree?

Contraceptionismyfriend · 12/03/2019 16:12

For £36 I'd leave it.

I probably wouldn't accept paying to be honest. Then what's you're other option? Going to a solicitor over £36? The first meeting would cost you more than that.

Waveysnail · 12/03/2019 16:13

It's an accident and no I wouldn't ask her to pay

Original poster
Lauren1983 · 12/03/2019 16:14

To clarify she has a garden she can keep the bin in. The bin was emptied 8am yesterday morning.

OP posts:
Nicknacky · 12/03/2019 16:15

Even with your update, I would let it go.

I would have probably have moved it away from my car anyway, especially when it’s forecast to be windy.

m0therofdragons · 12/03/2019 16:16

I have experience of this and no, legally it's "an act of god" so neighbour is not liable unless you can prove negligence. Leaving a bin on a driveway is fairly standard so wouldn't be deemed negligent.

ReallyReallyNo · 12/03/2019 16:17

It’s £36, pick your battles.

Original poster
Lauren1983 · 12/03/2019 16:18

If it had been a branch I would feel different as trees can't be moved about, the bin could have been secured.

I know £36 isn't a great amount but it's 4 hours wages for dp.

OP posts:
thecatsthecats · 12/03/2019 16:19

Do you even technically own your bin? I had the vague idea that they belong to the address, not the resident.

Or is that bollocks?

Contraceptionismyfriend · 12/03/2019 16:21

How damaged is it? Does it still work?

thedisorganisedmum · 12/03/2019 16:21

She cannot control the weather, but she can control where she put her bins!

I hate this state of mind that people are not responsible for their own property and can be negligent because the consequences is not their problem.

If a branch from your tree falls on a car, it can be either
-an accident, because your trees are regularly seen by a tree surgeon and you made the right effort to maintain them
-your fault because you didn't maintain the tree

For the small amount, it's not worth doing anything, but as it's her own fault, she should pay.

thecatneuterer · 12/03/2019 16:22

No. It was just an accident caused by the wind.

PlainSpeakingStraightTalking · 12/03/2019 16:22

Thats what your car insurance is for. Which of course you wont claim on, as the excess isnt worth it.

Can you prove its her bin? did you see it?

It's unfortunate.