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?

Thank you - fire brigade are clear it started his side. Thats what I don't want - my premiums to be through the roof next year when it's not my fault.

Think my policy is up for renewal in a few weeks!!!!

Thats why you need The Police and The Council on his case

It's a shame it's not tree planting season, which might temporarily reduce availability.

You could consider having a first line of defence of willow and birch - high water/low resin content and should be a bit less flammable than a pine/cypress (and higher wildlife value). Then plant cypress, laurel and/or holly for evergreen sight blocking.

Some photos We had a shed in both corners which are just obliterated. Garden office is standing but wrecked. Aviary is wrecked. Eglu cube chicken coop is a puddle.

I'm in awe at the calm way you're dealing with this. I would be beyond angry that he hadn't come round abjectly apologising and begging your forgiveness.

This is just awful. And given what you’ve said about his fire previously OP are you worried about the house and your safety? I can’t quite work out where your house is on the photos but I hope it’s far away.

I would suggest you go and see a lawyer about this for advice on recovering any costs and also how to protect yourself in future. You mentioned an aviary too - are the birds ok? I’m just horrified at this.

I had something similar happen but had to claim off my own insurance. Apartment bin shed near my house deliberately set on fire. Caused nearly €11k worth of damage to our house.

Garden is 100ft long and they’re at the back of us thankfully. Aviary was empty

My gosh, that's absolutely awful. I'd want something more solid than a hedge or fence between the neighbour and me, can you get a wall built?

And get a camera added to the outside of your new home office. Obviously not allowed to film into neighbours garden, but to capture anything dodge going on in yours.

Yes will definitely get a camera. I don’t think the insurance will pay for a wall sadly

That’s much less worrying in the long term then, but still awful. Good luck with insurance. If the insurers can claim off others they will do, after paying out to you. This might either be if the neighbour is insured or claiming against them personally. Obviously they can only do this if there would be liability anyway (they are effectively standing in your shoes to do so - it’s called subrogation). Worth asking about this.

I am washing and washing smoke damaged clothes and blankets from the garden office and just don't seem to be able to get the smell out.

If he set fire to your hedge he has to pay.

This is how it works

It's your property. He's damaged it. You can sue him for his negligent damage.

His insurer basically stands in his shoes as him - so if he's insured and the damage is covered (it may not be say if he started it deliberately and arson is excluded), the insurers have to cover his losses and pay you.

If the damage is not covered, he has to pay.

There may be some practical issues. So if he has no insurance and no money, you may think it's better to claim on your insurance to repair the damage rather than sue him where he has no money but broadly speaking he or his insurer should be paying not you if he did the damage.

Maybe try airing in the sunshine for an extended period, might be better

@LetYouEntertainMe thanks. I think next week I need to ring the legal helpline and ask about pushing for my insurance company to chase his insurance company at some point. I definitely want to deal with mine though. If they ultimately can’t or don’t and I lose my excess and have higher premiums it might be worth it for a relatively smooth sorting out of everything

I’ve got stuff on the line now so fingers crossed

Hopefully Omlet may be able to provide you with evidence for your eglu?

Yes - this is what happens normally. It's easier to understand if you think of it in terms of car insurance - it's exactly the same. The principle is called subrogation and it means the insurer stands in the shoes of the insured.

If Jill is in a car crash with Jack, if it's Jack's fault, Jack will have to pay for the damage to Jill's car and any other damage like her designer sunglasses got smashed.

In a pre-insurance world, what would happen is Jill sues Jack, at the court hearing Jack says its all Jill's fault, a Judge rules either it's all Jack's fault or it's Jill's fault or they are both a bit to blame. Assume like I said it's all Jack's fault, the Judge rules that and Jack has to pay.

If (as with cars) there is insurance what happens is that Jill's insurer is entiled to take over Jill's claim and Jack's Insurer is entitled to take over Jack's claim. Of course because insurers never want to pay out anything, it is inevitable that they will start arguing that it's the other ones fault. If a court hearing is required, although Jill is the claimant and Jack is the defendant on paper, in reality its the insurers for each standing in their stead and running the case.

The same will be true in your situation. If your insurer knows that it is the neighbours fault, like Jill's insurers, they won't want to pay out. They will say it is the neighbour's insurers who have to pay out.

OP, I know it's a different smell but when we needed to get Tom cat pee smell out of a duvet we were advised to add some bleach to the wash. Worked a treat.
Hope your insurance company comes through for you.

Why have you not taken him to court?

Take her to court then!

A similar thing happened to us, you can absolutely claim on their insurance. It should cover the cost of stump removal and gulp replacement of like for like trees and shrubs.

Have you posted this on your TikTok page? As you’ve posted there that your neighbour set fire to it as he hated your hedge?

Same photos?

Yes that’ll be me. He came round here about 18 months ago ranting at dd that she had to tell me I had till 5pm to decide whether I was going to trim their side hedge or not (on his side) and if I didn’t he was going to do it and send me the f’ing bill. Think I had a thread about that at the time 😁. We ignored him and he never came back.

his mother has also come round about ten years ago complaining she could see a plant pot under the hedge and she didn’t like seeing it so could I move it. Which I did. So not technically moaning about the hedge but certainly giving the impression of someone who’d maybe rather have a fence?

before her son moved in she asked us a few times to cut her side of the hedge which Dh did. She said she couldn’t do it.