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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Damaged car due to neighbours property

46 replies

moogoom · 03/02/2022 19:15

During the storm last weekend, a rather heavy slate disc fell onto my car and has left a big dent in the body. I was stumped at first as to where it had come from until i realised that it had come from my neighbours chimney. Its a chimney cap that must have been up there for a near century but chose that day to ruin my car
I contacted my insurer to put in a claim but then thought: this is damage caused by my neighbours house, why should I jeopardise my ncd? I told my neighbour about it as I thought she would need to put in a claim for her chimney anyway. She contacted her home insurance and they said they wont pay out. She told me that it was an accident and will offer to pay half the cost to repair my car if I don't go through my insurance. AIBU to think she could sort this out through her home insurance as it was her property that caused the damage?

OP posts:

BluebellsGreenbells · 03/02/2022 19:17

Your insurers will make the claim on your behalf. No need to be involved beyond that phone call.

Original poster

moogoom · 03/02/2022 19:18

Her insurance said they won't pay out for her chimney but would for my car. Sorry that wasn't clear. But she won't as it will up her premiums if over 500 quid

OP posts:

WhiteXmas21 · 03/02/2022 19:18

Speak to your car insurance company and tell them exactly what happened. They can claim from your neighbour and hopefully protect your Ncd. Accidents are why we have insurance . I doubt she contacted her home insurance company, but either way it’s her liability.

WhiteXmas21 · 03/02/2022 19:19

Ah just read your second post. Then she pays the whole cost your repair . She doesn’t get to benefit.

StoneofDestiny · 03/02/2022 19:26

Your insurers should claim against hers - take advice from them

StoneofDestiny · 03/02/2022 19:26

She could pay you cash for your repair if she wants to avoid her insurance + hope you got pictures

Original poster

moogoom · 03/02/2022 19:27

She told me that its not her fault that the chimney cap fell on my car!
I can't believe she is worried about her premiums going up - what about mine! Seriously some people!

OP posts:

StoneofDestiny · 03/02/2022 19:29

That's what her insurance is for!

SockFluffInTheBath · 03/02/2022 19:35

She pays the full amount or it goes through the insurance. Her choice.

Original poster

moogoom · 03/02/2022 19:37

Thanks - I just feel like I am being made to he the bad person like I am scrounging off her 😂

OP posts:

Marmight · 03/02/2022 19:53

It wasn't her fault that the chimney cap fell on your car. It was during a storm that it fell.

Unless she knew it was loose before the storm and she thought it might fall and damage something.

So, you need to take her word for it, unless of course you want to prove that your neighbour knew that it was unsafe before it fell?

NothingIsWrong · 03/02/2022 19:56

It's not her fault. But she has insurance that will cover it. Why should the OP be at all out of pocket either by paying half the cost or having to make a claim on her own insurance for something that is not her fault either?

stitchmaker85 · 03/02/2022 20:05

@Marmight

It wasn't her fault that the chimney cap fell on your car. It was during a storm that it fell.

Unless she knew it was loose before the storm and she thought it might fall and damage something.

So, you need to take her word for it, unless of course you want to prove that your neighbour knew that it was unsafe before it fell?

It wasn't the OPs fault either!!

RB68 · 03/02/2022 20:10

Its what house insurance is for ffs

changeling86 · 03/02/2022 20:10

She doesn't have to give her insurance company permission.

Give your insurance company the details of her insurance company and they argue liability. That's their job.

billy1966 · 03/02/2022 20:11

Of course it is not her fault, but it is her responsibility.

Speak to your insurance company.

This shouldn't cost you.

YeOldePotato · 03/02/2022 20:14

@moogoom

Her insurance said they won't pay out for her chimney but would for my car. Sorry that wasn't clear. But she won't as it will up her premiums if over 500 quid

Tough. She can pay for her own chimney then.

daimbarsatemydogsbone · 03/02/2022 20:17

Just to be clear - neighbour isn't automatically legally responsible. If the roof was poorly maintained or she'd been warned it was unsafe maybe - but it's not automatic. For this reason her insurers won't automatically pay the OP, as she isn't automatically legally liable.

Hb12 · 03/02/2022 20:18

That's precisely what insurance is for. Doesn't matter that it wasn't her fault personally

HeddaGarbled · 03/02/2022 20:26

It won’t be covered under her insurance.

She can only claim for storm damage if her own property is damaged.

She can only claim under the public liability section if she were legally liable. She will only be legally liable if she had been negligent (e.g. relevant professional told her the cap was faulty and she ignored them.

If she’s offered to pay half, she’s doing more than she needs to and you should be grateful.

This is not an uninformed opinion - I have recent experience of a similar scenario.

user1493494961 · 03/02/2022 20:34

Years ago, storm damage used to be classed as an 'Act of God '.

Pudmyboy · 03/02/2022 20:37

@billy1966

Of course it is not her fault, but it is her responsibility.

Speak to your insurance company.

This shouldn't cost you.

This^ Well put @billy1966!

Original poster

moogoom · 03/02/2022 20:37

Yeah I agree its not her fault as such, she didn't mean for it to happen. Nobody routinely checks their chimney pots since the days of the chimney sweep! But it stands that her property caused damage to mine. I will ring the insurance and see how they want to deal with it tomorrow. When I called them originally I had no idea where it had come from. I thought it was a steppingstone or such. Its only till I realised that only a tornado would pick one from the ground and hurtle it with such force! You can see the chimney is covered in the same lichen and is angled in such away perpendicular to the car. Really I am just glad noone was hurt as if this had hit a person there's no doubt that they would be dead

OP posts:

AuntieJoyce · 03/02/2022 20:39

@moogoom

Her insurance said they won't pay out for her chimney but would for my car. Sorry that wasn't clear. But she won't as it will up her premiums if over 500 quid

I can’t comment on the legalities of who would pay out but I would humbly suggest that an increase of 500 quid for making a claim is a load of old bollocks.

I accidentally drove my car into my own gate and had to claim on both my car insurance for significant repairs and my home insurance and it barely touched my premiums.

Pudmyboy · 03/02/2022 20:40

Just saw other comments about legal situation: to me, even if not legally responsible, her pot did damage OP's car so ethically she should offer to pay

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