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 wasnt living there when it happened I just dont want to see him dragged through this he is only human after all and if you lot could never feel this way then I guess your all heartless.

You can feel as sorry for your friend as you like. However, speaking personally, I reserve my sympathies for people who aren't complicit in their own misfortune. And whilst this soon-to-be-pulled thread is midly amusing at some level, it shouldn't need pointing out that fires are fucking lethal and not to be messed with. People die in fires. Moreover people die in fires that could have easily been prevented had someone not acted like a complete bellend to start with.

I wasnt living there when it happened

On the thread you posted at the time you definitely implied that you were, and you were referring to your ex as DH.

We didn't start the fire
It was always burning
Since the world's been turning
We didn't start the fire
No we didn't light it
But we tried to fight it

We're not heartless.

Your friend is bonkers.

By the way, it is probably your friend's neighbour's insurance company taking him to court because they are refusing to forego reimbursement when they think he/his insurance is liable.

If it is him they are taking to court he has a real problem - it means his insurance company isn't involved.

So he needs to speak to his insurance company very, very quickly.

Bottom line is that he feels he did nothing to cause it despite the fact he had used a weedburner he had put it away safely in a brickshed far away from where the fire started.

Bottom line is that he may lose his house if he doesn't sort this quickly.

Your ex doesn’t have to admit or concede liability to be found liable in court.
I think the confusion on the thread has arisen because at one point you say he has informed the insurance company, so it seems strange that he would be taken to court on a personal basis.
Unfortunately it doesn’t matter if he put his burner away, or if a cigarette butt was found in the embers, this will come down to the report from the brigade which seems to state conclusively that the fire started in his garden.
Even if it’s possible that the fire was caused by the neighbours solar panels, the report doesn’t state this.
Your ex needs a clearer understanding of what court action is being taken and what costs are being claimed and the role of the insurance company with this particular neighbour.

So, I guess it's all a matter of perspective, really.

House versus accepting higher insurance premiums.

I know which I'd choose ...

It may be the neighbour has been told theres no liability and the neighbour is trying it on.

It may be that your fruends insurance company is being a bit crap sorting it out and threatening court is the neighbours next stage.

It may be something else entirely.

You neighbour neeeds to talk to his insurance company

Ok we're all heartless.

Seriously, it is obvious. His weed burner or burner bin ignited something in his garden which started a fire and spread to his NDNs.

It's all very simple OP and you're making it very complicated.

Did he contact his insurance company?
Did they repair his property?
Did he make them aware that other neighbours property was also damaged?
Did he give his details to the neighbours?

If the insurance company were aware, they should have already sorted things with everyone else's insurance and so he can phone them and ask them for the outcome. If it's all been resolved there's no need to go to court.

Re liability

He might not feel hes at fault, that doesnt mean he isnt.

Insurance companies dont pay out if they arent liable.

I remember the first version of this at the time too. Move on, nothing to see here.

If you reverse the optics for a moment, people don't go to court on a whim, no matter what they might say. So if the neighbour has got as far as some sort of court action there must be a hell of a lot more going on than a mere squabble.

Insurance companies themselves don't just go to court for fun. It's not a days jolly for team building. It costs and it has risks.

Taking this thread in it's entirety, the TL;DR is someones arrogance and matching dimness has led them into a legal cul-de-sac where they (or more likely as the OP admits, their friends/family) have suddenly realised it's not a game. The only saving grace is we're not talking about someone who was injured or worse as a result of the incident.

Yes hell that was all done

Oh my god reading this makes me feel like I have gone completely mad.

I do love the idea of the perfectly intact, pristine fag butt in the mist of all the smoking rubble while the neighbour does an evil laugh, patting his lovely solar lights. WE ALL KNOW THE TRUTH!!!!!!!!!!!!!!!!1111!

Have you been swotting up on your Judge Rinder legal advice @SchadenfreudePersonified?

He is my camp, orange, small-claims idol, GiveHerHellFromUs

But in my considered opinion as a fan of Naturewatch, I still think a lovelorn phoenix lurking in the privet isa the most likely culprit. Possibly due to discarding a post-coital fag end.

It should all be resolved them. Tell him to phone his insurance and ask for the outcome. They should be able to confirm what they have and haven't covered and he'll know why/if he's being taken to court. There's no point waiting if it can be resolved now.

I do love the idea of the perfectly intact, pristine fag butt in the mist of all the smoking rubble

Oooo, maybe they can get DNA from the fag butt, what with it being so indestructible and all.

Do you like the Prodigy?

Bottom line is that he feels he did nothing to cause it despite the fact he had used a weedburner he had put it away safely in a brickshed far away from where the fire started.

That isn't the bottom line. The bottom line is the Fire Brigade said the fire started in your friend's garden and they will be believed over your friend's assertions that he couldn't have possibly started it.

Your friend needs to be talking to his insurance company and getting legal representation. He can protest until he is blue in the face, it is wasted energy.

@NameChangeNugget prodigy admitted it unlike OP and her DH😂

Oh sorry. "Friend"

Probably quite annoying for a number of his neighbours to have the fire spread to their gardens. But the cheek of them not putting him first! Heartless bastards, just like MNetters.

Bottom line is loads of people don't think they've done anything wrong but they have. And loads of people cause genuine accidents but don't remember doing so. Shit happens.

Nobody is saying he's an awful person when it comes to the first starting. Not being an arsonist doesn't mean you're absolved of responsibility if your actions start a fire, even if it's accidental.

This is just adulting. Insurance are dealing with it. They'll tell him the score when they know the score and he will need to act accordingly. That's it.

It was no doubt unintentional and an accident but yes, he is still responsible as it started in his garden. I don’t think it was a bushfire in April in a suburban presumably UK garden . In all likelihood he didn’t quite extinguish the fire in his burner properly. He has to pay up I’m afraid.