To think neighbour should pay for damage?

[Lauren1983]

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?

Prequelle - I'd rather be petty than a mug!*

'Say you agree with me, even if you don't. I want to feel justified for feeling like my non fault neighbour is an ass. I know it's the fault of the wind- but I also know I can't sue the weather.
If you disagree with me, I'll just be rude. AIBU?'

I know it's easy to say but if it was the other way round I'd have paid. We have a different neighbour who damaged our car using a spray gun. We fixed it on the cheap but he paid for the materials used and gave us some extra for our trouble. I think morally that's the right thing to do.

As an aside we had some plumbing work done a while ago and the plumber unfortunately made a mistake which led to water dripping into her garage (we live in a coach house above). She was storing Christmas presents in there and luckily they weren't damaged but I was fully prepared to replace them for her.

@thedisorganisedmum I doubt people would day any different. The op should feel lucky it was only £36 worth of damage. Of course people would be annoyed if it was their car, but it wouldn't make it the neighbours fault.

2 completely non competitive examples.

Can’t believe you would ruin neighbourly relations just for something which wasn’t your neighbours fault and which will be pretty cheap to sort out.
Was it really worth the hassle and aggravation? It wasn’t like she pushed the bin into your car...it was windy and it happened unfortunately to hit the car.
If I were you OP, I’d rise above it and just grow up

OP you've given two examples of when you 'would have' helped people.

**non comparative.

Sorry only half concentrating as I'm also busy cable tying my wheelie bin to the fence.

Seeing the bin was emptied yesterday morning at 8 am it should have not been there a day and a half later. It's typical of people not wanting to admit responsibility where money is involved. I'm clueless about the legal answer but natural justice and decency make me believe she should pay up. A quick phone call to a friendly solicitor would be my first step. They will often give you an opinion without any need to visit them for a consultation and not look any fee. Just try a few solicitors until you find a helpful one. They do exist!

Just to say it's only £36 because we have sourced second hand items and my DP can fix it himself. If we wanted brand new and it done by a mechanic it would have be more.

I don't really care about 'neighbourly relations' tbh! I'm happy to keep out of her way and vice versa. I didn't have much to do with her apart from saying hi. DP helped her with her car a few times but we were never that close. I don't think it's going to start a war or anything, we'll do our thing and she will do hers. She was pretty angry about the note so I feel the animosity is from both sides.

As an aside we had some plumbing work done a while ago and the plumber unfortunately made a mistake which led to water dripping into her garage (we live in a coach house above). She was storing Christmas presents in there and luckily they weren't damaged but I was fully prepared to replace them for her.

Are you actually serious comparing these two situations?!

Pinkyyy - I can't think of any other examples! I can't prove my own moral code to you I guess.

We won't ring a solicitor as we've ordered the parts and it'll get fixed soon. I was just interested to see how many people would pay/ would expect payment.

I would offer to pay if my bin rolled into someone's car out of a sense of being a good neighbour. I wouldn't feel obliged to, you can't account for high winds and I certainly wouldn't if the neighbours were eggy about it. The note would no doubt have irked me too.

the plumber unfortunately made a mistake which led to water dripping into her garage
You are legally liable for that though (and in turn you’d have to sue the plumber for your costs). She isn’t legally liable for the bin situation. That’s the difference.

OP you're just justify your actions however you can now. How did you word your note? If it wasn't very nicely written then I imagine that you have caused the animosity.

If she was pretty angry about the note what on earth did it say?

You don't have to prove anything, we're all just strangers. But those examples weren't really relevant

Kintan - she is only supposed to store a car in there (it is in our deeds as we effectively 'own' the garages (we pay insurance on them) so technically it would have been her own fault storing them in there.

I know it's not a like for like example.

I can't remember the note but it was roughly.

'Unfortunately your empty and unsecured bin has rolled due to high winds and has damaged our tail light. Although it was an accident, as the bin was unsecured we feel you are liable.

We have costed second hand replacements which cost £36 and will fix it ourselves rather than use a mechanic.

We will be in all evening in order to discuss this.'

Is this a reverse?

Thank god I don't have any neighbours within bin missile distance 500m

No, not a reverse.

Your note is really blaming and demanding and assumes the neighbour will pay. It would have got a big F.You! from me.

Also who on earth secures their bin? I’ve never seen a tied down wheely bin in my life!

OP your note was the problem, that doesn't come across well at all. You should have simply written asking them to pop round when they could, as there's been a minor incident.

I think a lot of people are ignoring that the neighbour left the bin out a day AFTER collection day. The height of laziness, especially when she was home all day and stupid since she would have known it was windy.

She knows she's in the wrong too hence her coming around and blaming your note as the real reason she won't pay. I'm guessing she talked to a few people since the first convo with you, they said she was wrong, and now she can only cling to being justified in her bitchiness by blaming your note.

The note was way OTT, no wonder they've got the hump! Glad you not my neighbour and be careful, you may need them before they need you....

Seconded: the note wasn't very friendly.

Double seconded: I've never seen a tied down wheelie bin and have doubts this is standard practise