Third floor window fell on my car - landlord difficulty

[annoyed185]

Hi,

Posting in AIBU for traffic. Just getting some responses for my sister in terms of advice. Third story window (her bedroom) fell out (yes, you read that right) and onto her car parked in the drive. Estate agents have come back and told her to claim through her own car insurance to get fixed. I told her not to do that as it affects her adversely with future policies but also paying the excess for any claim. I've told her to tell them she will get a quote to pass on to the landlord to fix but will not be paying upfront herself (she would have to use insurance as doesn't have much available in savings). The landlord should have insurance for this and it is a clear case of property neglect as it's been reported multiple times. Some people came round to board the window up and take notes and said the window was too large for the frame and only had 2 hinges where it needed at least 4. They have also made note of other dodgy fittings/fixtures in the property. They have complained about the windows 5 times to date, and it turns out the same thing has happened with a window at another house a few doors down he owns! It could have killed someone. The window landed on the bonnet of the car and so there is a huge dent in it. If the estate agents come back and say he is refusing, what would anyone advise she does?

I'd ask for this to be moved to the Legal board.

I'd suggest she contacts her insurance company to check if what you are saying about future renewal quotes/ excess is actually true.

Even if you’re in an accident, that wasn’t your fault unless you’ve got your no Claims protected it’s still affects your future premiums. There’s not really any way out of this. If they’re not willingly, you going to put their hand up and say sorry as you say, it’s lucky nobody was hurt. Then she’s gonna have to take the Legal route for which I would imagine she’s gonna require the legal protection part of her car policy which hopefully she took out ?

Doesn't she claim for the car and that insurance company will claim from the landlord's insurance to cover it?

I'd start with an email confirming the dates she reported it before. And say something like 'it's been an ongoing issue which has now got worse as it wasn't resolved when I first reported it. It's not my responsibility to claim on my car insurance and have the consequences of higher premiums; both you and the landlord were made aware as stated in the tenancy agreement.'

I'd be stroppy as hell too but I'm sick to the back teeth of shitty agents and landlords letting small-ish problems escalate and then pushing it to us as tenants to sort out can you tell

She claims on her car insurance who will pursue the landlord's insurers.

If the landlord's insurers accept liability she may not lose her NCB.

Her insurance will obtain the money from the landlord/landlords insurance. You are always meant to go through insurance if your car is damaged by a 3rd party, the fact that it wasn’t another car doesn’t change that. It would be a no fault claim.

I will do. Thank you!

Thanks for this!

To add to my previous post:

Even if she doesn't make an insurance claim she still has to inform her insurers, so she might as well hand the whole thing over to them so sort now!

Yeah thanks for this. It's going to affect her employment as it is as she collects typewriters to transport!

Thank you

As others have advised, claim on the car insurance.
She can also claim from the Landlord for any uninsured losses such as transport costs while the car is repaired, the excess etc. Some Insurers will help with this, some won't.
If all else fails she can take the Landlord to court (probably small claims) for these costs, and if he's insured his insurers may pay up - but any legal liability ultimately lies with him - insurers just offer cover for that legal liability.

My car was damaged in comparable circumstances and I had to go through my insurer who went after the insurance of the responsible party. I didn’t lose my no claims but premiums did go up. Unfortunately that’s just how it is.

Thank you

Depends on her own insurance, if she is fully comp then she can claim on hers and they will then chase after the landlord.
If she is 3rd party/fire/thief then she is not insured herself and she'll need to claim off the landlaords insurance or directly from the landlord - perhps via a small claims court.

Thanks for this. I'd like to think she has fully comp but will check with her!

We had the opposite where a car drove through our front wall. We claimed on our home insurance who claimed against his car insurance. Luckily he was insured and driving his own car so my insurers successfully claimed most of it.

This seems like an incident which could have been actually lethal!