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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Neighbour taking friend to court

314 replies

Clappingforjoy · 17/01/2020 10:30

My friend had a fire in his garden last April and it caused damage to some neighbouring gardens especially the one neighbour. My friend didn't and still doesnt know how it started so that remains a mystery and the fire brigade could only say that it started in our garden but they didnt know how.
Now several months later we have been made aware that the neighbour that suffered the most damage is taking him to court and is getting all the others on his side and got witness statements off them and gave them to his solicitor to say my friend was burning rubbish the day before he denies this and says the only thing he did was get a weed burner out from his shed st the side of the house and take it to the front garden to burn weeds then he put it back ensuring it was out.
After this he went out and on arriving home abt an hour later the fire had already started way at the bottom of the garden far from the side shed.
His son was there and had noticed the fire from his bedroom window and had already called the fire brigade.
All neighbours have since few months ago had all repairs done so I can only think they are claiming for thier excess.
What should he do friend is dismissing saying he is totally innocent and despite the fact he has a burner he hadnt used it for several weeks but claims he has smelt burning before from somebody else's garden in the past and there is no proof of anything except probably some made up statements from neighbours trying to get money.

OP posts:
Frenchw1fe · 17/01/2020 10:53

If the insurance company are taking this to court 'your friend' needs legal advice asap.

Clappingforjoy · 17/01/2020 10:53

Okay me and him have since split so now just friends and it's his garden

OP posts:
thecatfromjapan · 17/01/2020 10:53

Well, now it gets decided in court.

And your friend can explain over and over again in court.

That's what happens.

It's not about who can put forth their point of view the longest getting to control reality.

It's about insurance claims and settling.

So it's going to court.

Get legal advice.

Clappingforjoy · 17/01/2020 10:54

Is this how it works then despite him not causing the fire because it's like a fire starting in a forest sometimes its a freak of nature

OP posts:
GiveHerHellFromUs · 17/01/2020 10:55

The evidence says that it happened in your (or your exes) garden. It doesn't matter whether he wants to accept it or not, chances are he'll end up paying for it, plus court costs.

Has he spoken to a solicitor?

Frenchw1fe · 17/01/2020 10:55

Insurance companies have money and clout. Tell your friend to get advice.

thecatfromjapan · 17/01/2020 10:55

Why do you care if you've split up?

Fortunately, it's no longer your problem.

I'd just shrug and tell him to stop mothering you with his problems - they're no longer yours.

thecatfromjapan · 17/01/2020 10:56

Mithering

m0therofdragons · 17/01/2020 10:56

Get the fire service report then he's sorted.

Clappingforjoy · 17/01/2020 10:57

The cat we are very good friends I cant dismiss it

OP posts:
thecatfromjapan · 17/01/2020 10:58

I can see why you split with him.

He'd do my head in.

I'd be going to court for murder, not fire-starting, if I had to cope with a week of that kind of reality-refusing.

Seriously, pour yourself a glass of wine and celebrate the fact you're well rid.

YesThatsATurdOnTheRug · 17/01/2020 10:58

I should think the neighbour isn't having it. Fires don't just spontaneously start in gardens in this country! The fire brigade have stated it was his garden therefore I wouldn't be arguing. Your friend should just pay the excess and be more careful in future.

CakeandCustard28 · 17/01/2020 10:59

Fires don’t just magically happen! Don’t blame the neighbour, I hope the court sided with them.

Roussette · 17/01/2020 10:59

Bearing in mind that 99.99% of the population wouldn't have either a weed burner or a bin burner, it does sound dodgy.

thecatfromjapan · 17/01/2020 11:00

🤷‍♀️

Well, you're clearly a better, more patient, person than me.

And well done for getting on with your exes.

(But, honestly, I would really refuse to listen to any more about this. It's going to court. He needs legal advice. You're going to be listening to this for years unless you draw a line now.)

ZebrasAreHorsesInPyjamas · 17/01/2020 11:01

So your ex-boyfriend used a weed burner in his front garden but put it away carefully in the back garden and then randomly a fire started in a different part of his back garden? Utter rubbish. Tell him to pay up.

ConstanceSalinger · 17/01/2020 11:01

So your friend was burning something, finished, put the equipment back in the shed and then mysteriously a fire started later that day?

It doesn't take a genius?

Alright it wasn't deliberate but it's not a huge leap of common sense to take responsibility for a mistake.

TheMustressMhor · 17/01/2020 11:02

The court will decide, OP.

Why are you so bothered, since it didn't start in your garden?

Clappingforjoy · 17/01/2020 11:03

In all fairness to him he isnt bombarding me with it but I am worried for him.

OP posts:
AJPTaylor · 17/01/2020 11:03

It's irrelevant.
Your friend has insurance. They will deal with it. He just needs to send anything onto them asap.
The decision is theirs as to whether to defend or not. More likely than not they will settle.

pamplemoussed · 17/01/2020 11:03

what's a weed burner?

Clappingforjoy · 17/01/2020 11:04

No he put it away in front fire started at the back

OP posts:
Hotpinkangel19 · 17/01/2020 11:04

It's obvious who's fault it is 🤣

WhatsInAName19 · 17/01/2020 11:05

If my property or belongings were damaged by a fire originating in a neighbour's garden, I would be seeking to claim on that neighbour's insurance policy. This is one of the reasons that good quality home insurance, including legal cover, is advisable. Hopefully your friend has taken legal advice and there is a fair outcome for everybody (although that may not be the outcome he wants to achieve).

GiveHerHellFromUs · 17/01/2020 11:06

He was burning things in his garden then went out and came home and his garden was on fire, but it definitely wasn't started in his garden? Ok!