Should I claim off neighbour's insurance after a fire?

[FireAdvice]

My neighbour has "accidentally" set my massive conifer hedge on fire today - lost the garden office, two sheds, lots of bikes, loads of stuff, etc. Obviously the main thing is we are OK.

I have rung my insurance and they have said that I have to pay a £350 excess and they will cover other stuff. A friend has said I should claim on the neighbours insurance as then I won't be liable for an excess and also my insurance won't go up next year - how do I do that? Do I just ask the neighbour for their insurance details?

Have also lost about 30ft length of 9ft high conifer hedge - all the back boundary and half of the side boundary. But there is another 20ft of conifer hedge nearer the house still intact. My insurance have told me to get a quote for stump removal and fence instillation - can I ask for all the length of the hedge including the non damaged hedge to be removed and fenced the full length - it will look stupid having half fence and half hedge?

Does your insurance have legal advice cover? If so, I’d ask them.

Yes I do have legal cover. Thank you I will ask

How was it set on fire, there may be a 'criminal damage' or arson issue

What do you mean “accidentally”? If you think it was intentional because your hedge is blocking their light you should report to the police for criminal damage and pursue it that way

I doubt whether you'll be able to claim the cost of having the remaining trees removed OP. Usually when you make a claim on insurance the purpose is to return you to the position you were in prior to the incident. So I would have thought the neighbours insurance should pay for the replacement of all of the 9ft trees that you have lost, plus all the other stuff.

However, what have your neighbours said about their responsibility, ie, have they offered to put things right, said they'll speak to their insurers?

Yes I can't believe the police haven't already been involved. How do you accidentally set light to a tree on someone else's property.

Did your own insurance company not suggest claiming off the neighbours? And if so can they not find out the company or advise you how to go about it?

Not an expert, but I think your neighbour's home insurance will only cover their property and you will have to claim off your own. They should at least offer to cover the excess though.

Conifers are an absolute nightmare snd they probably got fed up of them. That said nobody should be setting fire to anyone else's property and you shouldn't have to pay from your insurance.

Sounds like a big fire. Did the fire brigade and police not attend?

I believe house insurance is different to something like car insurance in that there has to be negligence by the 3rd party. It is possibly a high bar as well meaning that a lot of accidents aren't considered to be negligent.

I'd be looking to speak to their insurers in the first instance.

I hope you are OK it sounds frightening

Just tell them they have to put right everything they have destroyed or damaged. It is their responsibility, not yours. Don't mention insurance - that could be a useful red herring in their favour if you bring insurance into the discussion, as they will start wanting to use yours, and the liability is theirs not yours, All you need to say to them is that they need to reinstate what they have done, and/or compensate you. How they afford to do it (their insurance say) is their problem.

This is why you buy insurance. Don't be the tail wagging the dog.
Claim on your policy for everything you've lost in this incident and give your insurers your neighbours details and insurance details so they can subrogate / claim the costs back from the other insurers if they think it is possible.
Let your insurance company take the strain and you can stand back and don't get involved in all sorts of legal wrangles and stress with the neighbours insurance company with whom you have no contract.

Police are involved. Fire investigation have been here. They know the fire started his side of the hedge. He told someone he was welding and threw hot metal in the hedge, then denied everything. Fire brigade said if he says he wasn’t welding then they can’t say what started it 🤷🏻‍♀️

Two fire engines and police

I doubt they will. He’s not a nice person to put it mildly. He’s previously threatened to burn another neighbour out. He’s always having out of control bonfires and chucking petrol over them. I’m forever calling the fire brigade. Have lost about 30k worth of stuff

You claim on your insurance. They will then see if they can claim back off him. They may also be able to claim back your excess but that depends.

Presumably you can confirm that he does weld as you have seen him doing it?

Why does he do it, is it business or hobby

If its business then there is no end of potential brown smelly stuff involving planning, HSE etc you may be able to bring down on them unless they play nicely

Dont forget that there may also be a consequential loss claim

I suggest getting some proper legal advice including a Loss Adjuster

I’ve just had an email saying a claims manager from disaster care platinum will be contacting me in next 2 days so guess can ask them

Looking at what you have said I wonder if he has insurance

It sounds as though you need to talk to the Police about anti social behaviour and Environmental Health about all the fires. I suggest that the fire should act as a catalyst to get all these people to take action against him.

There are also strict rules about storing petrol

I suppose a possible outcome would be if your insurers claimed against him and he had to sell up

i think you would have to take them to small claims court. insurance am sure would only deal with their property

It’s not as simple as claiming off the neighbours insurance, to do so you need to appoint a legal advisor/solicitor to pursue a Public Liability claim. The neighbour will need to be legally liable and negligent in order for a claim to succeed, you might be able to get a no win no fee to see what your chances are. It will be easier for you to go through your home insurance and they might be able to recover from the neighbours insurance.

ILs claimed for fire damage after their NDN lit a bonfire too close to their shared boundary and set fire to their trees, fence and shed. Pretty sure NDNs insurance paid up.

That sounds awful OP, I'm glad nobody was hurt.

If you want to do something practical in the meantime, start to gather as much evidence of ownership as you can for as many items as you can. Receipts, invoices and photos, making sure they're the original photo as most insurers won't accept screenshots. Also start to gather evidence of how much it will cost you to replace what's been lost as it's not always the same as what you paid for it, especially if something was a couple of years old.

And remember don't ever accept the first (or even second) offer your insurer makes you when it comes to paying you out.

No advice im afraid but just what was to say how awful im glad all are ok but must be traumatic for you all