Neighbour taking friend to court

[Clappingforjoy]

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.

I think that it's the denial that is seeing this go to court.

I'm guessing that his neighbour's insurance company is unable to recoup money from your friend's insurance company because your friend has refused liability.

That's why it's going to court.

I have no idea how your friend will stand with regard to his insurance company as regards that situation.

I would contact the insurance company before the solicitor's letter, myself.

What if the insurance company refuse to cover court costs?

If your friend loses, he becomes liable for his neighbour's legal fees, in addition to anything else.

What if his insurance doesn't cover that?

If it was his insurance company refusing liability - without instruction by him - I think it would be a different situation.

He needs to get this very clear with his insurance company.

Because it sounds very much as though he has been the one to deny liability. Is that the case?

Maybe the weed burner was still hot when put away and caused a fire? I have no idea what a weed burner is but it sounds irresponsible to use one at all never mind on a hot day.

I saw someone once set fire to grass by accident when using a camping stove. Grass was dry and went up as if covered in petrol.

Oh yes of course he contacted them straight away and naturally all neighbours contacted theirs and everybody got thier repairs done through thier insurance.
I can only gather that neighbours insurers would have then claimed off his job sorted. So why has it come to this.

Yes that's one lakie

He should def inform his insurers

You'd be best not to get involved

Because the neighbours insurance won't want to pay for something that wasn't their customers fault.
They'll claim the costs back.

Like when you have a car accident and you get a courtesy car. Your insurance will provide that then will recover costs if someone else was to blame.

Tbf the neighbour with the most damages should receive compensation for the cost of bringing their garden back to its original standard.

So regardless of "not knowing" how it was started, it was started on another property and caused damage to neighbour. Neighbour should be allowed to be compensated for this

Yes the cat your correct

Jesus Christ. You lying made is so confusing. Either way - this may go to court so perhaps legal advice.

Sensible advice: cease all contact with neighbour unless in written form - and through a solicitor.

If it's an insurance company issue, it will be dealt with wholly through the insurance company.

Phone the insurance company.

And - again - all contact on this issue now through legal routes.

Friends of mine had to pay (via insurance) for damage to neighbours gardens even though the most likely cause was given by the fire brigade as one of those hideous Chinese lanterns

Oh dear Ghia, don’t give the OP any more ideas!

So in your world, it doesn't matter where a fire starts, as long as nobody knows the cause, there's no liability?

@Dontdisturbmenow to be fair, it kind of does work like that. Someone is only liable if the court establishes that on the balance of probabilities, it was their fault. That test isn't met if no one knows the cause of the fire

I'm guessing if neighbours insurance cant recuperate thier money off friends insurance then they claim it back by upping thier premiums

Well, the inevitable result of refusing liability is that this will now be settled in court.

Your friend really needs to check where he stands with regard to his legal costs and representation.

So he needs to phone his insurance company.

It was a hot day maybe the sun was beaming onto a solar panel or the shed glass would this make him responsible

Hahaha you had me until this OP. This thread is on 🔥 that's for sure!

I reckon your friend should sue all the neighbours for breaching his human rights to burn shit and also for them starting fires with their solar powered stuff and blaming him. They sound totally reckless and unreasonable.
Also he should probably sue the Fire Service too for not finding someone else to blame.

@Clappingforjoy exactly that. Either way it's going to ruin his relationship with his neighbours. Whatever happens all of their premiums will go up. Nobody will get their excess back either if your ex's insurance don't pay the costs.

clappingforjoy
'I'm guessing if neighbours insurance cant recuperate thier money off friends insurance then they claim it back by upping thier premiums'

Or by settling liability in court.

And it seems that might be the route taken.

Maybe they just want thier excesses back

Does that mean he will have the full cost of repairs on his shoulders the cat because that could be thousands

It depends who's taking him to court - whether it's the insurance companies or the neighbours.

Did he not think to ask nosey neighbour why they're taking him to court?

Your friend needs to talk to his insurers.

He really does.

He needs to tell his insurers that he is being sued. They will deal with it themselves / appoint solicitors if it goes to court.

They might not deal with it at all. Part of the thing with insurance is you are expected to notify and keep them notified of anything which may materially affect their risk. Failure to do so can lead to claims being refuted. Or, in cases where there is a statutory obligation (like 3rd party motor insurance) the insurer can pay out and then seek to recoup their losses from the insured party.

This is a very (possibly deliberately ) confusing thread with no single explanation of the course of events. Such behaviour might work in a pub-based discussion, but I can assure all reading it would not fly in a court of law. Furthermore it's worth being aware that the awarding of costs is a matter of discretion for the magistrate and if they feel both parties are pissing around, they can decide that each side pays their own. There was a headline story a while back where two neighbours ended up losing their houses because someone had told them that courts love nothing better than acting as overblown referees for spoiled children.

Maybe Lord Lucan is hiding in the friend’s garden and had to build a make-shift fire to keep himself warm. It’s the only explanation.

Maybe Lord Lucan is hiding in the friend’s garden

Lord Lucan is dead for tax purposes.