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Original poster

Accident on property

48 replies

Kukl · 05/04/2022 08:10

Morning
Need some advise.
My new neighbour has demolished house to rebuild it been going on about a year. He's taken the hedge out between us with a view to putting new hedge or fence up, he's checked with me I'm fine with that. My dustbins sit between our boundary at the end of my drive. Because there is now no hedge if the wind blows in certain direction my bins blow over into his garden he's put a large sheet of corrugated iron behind my bins I presume to stop them blowing over. Last Thurs I took my dog for a walk by the time I got back weather changed dramatically from sunshine to snow blizzard as I crossed road onto my drive a gust of wind blew and the corrugated sheet acted like a sail moving fast towards me bringing bins with it. I managed to save the dog but bins hit my left foot and subsequently ripped my big toe nail half off. Blood everywhere and ended up having to go to a and e. I text neighbour on way to hosp and told him please move it and briefed him on what had happened. A and e sent me home with steristrips and told me to pay a chiropodist to sort it out. Got appointment with chiropodist on Fri to have whole nail removed. Neighbour came round Fri to apologise and ask exactly what happened and said he'd get back to me. Toe now has an infection so have doctors today. My problem is I'm single so only have one income and I'm self employed, I'm a cleaner so on feet all day and can't even get a shoe on let alone drive at the moment. I'm losing income. How do I approach asking him to come to an agreement with helping /compensating my loss of wages, chiropodist bill and now having to pay dog walker. I could legally go to small claims company but Im not a greedy person and don't want any bad feeling with new neighbour that hasn't even moved in yet. But I'm concerned about rent bills etc. I've kept a note of wages lost and bills for chiropodist etc.

OP posts:
AnxiousHeffalump · 05/04/2022 11:51

That sounds really painful. However, it was your bin that did it.

thisplaceisweird · 05/04/2022 11:54

He should possibly pay for chiropodist. You should have insurance for loss of work as someone self employed.

BlanketsBanned · 05/04/2022 11:56

Maybe the bins should have been stored safely in a bin shed or out of the wind. Are you able to claim any temporary benefits if you are losing money.

Ishacoco · 05/04/2022 12:57

I don't think he's liable at all. It was just an unfortunate accident.

Original poster
Kukl · 05/04/2022 15:31

Bins have been kept there for the 25 years I've lived here. If the wind blows they just fall over but the metal he'd put behind them just pushed them all across the drive in an upright position. Since found out that the metal sheet was put there for health and safety because where he's dug out the hedge there's a drop between the boundry so that was put there to stop people falling over. I have public liability insurance for work but looked into insurance for myself incase I had to have time off incase of injury or long term illness and it was more per month than a weeks wages. I've spoken to small claims company who said I have a case and could claim between 6 and 10 grand but like I say I'm not greedy would just like my lost wages covered.

OP posts:
emmathedilemma · 05/04/2022 16:29

what on earth were you wearing on feet that your toenail got ripped off??
totally misses the point of the thread

AchillesPoirot · 05/04/2022 16:31

It was your own bin?

Chewbecca · 05/04/2022 16:37

You would be better posting this in the Legal section rather than general health.

SophiesMummySaid · 05/04/2022 16:37

Was the metal sheet on your property or theirs?

BlanketsBanned · 05/04/2022 17:41

How much have you been quoted for illness insurance. Did the chiropodist or doctor suggest a boot or sandals you can wear instead of shoes while its healing so you can walk and drive.

Soringhaze · 05/04/2022 19:33

I think you're unlikely to have any claim at all but if you want to pursue it you need a solicitor.

TabithaTittlemouse · 05/04/2022 19:36

@emmathedilemma

what on earth were you wearing on feet that your toenail got ripped off?? totally misses the point of the thread
This.
TabithaTittlemouse · 05/04/2022 19:36

Also, your bin caused the injury.

Eucalyptusbee · 05/04/2022 19:39

I'm not sure you have much of a claim here? Was it your bin or the metal that caused the injury?

ginghamstarfish · 05/04/2022 19:47

Not sure it who is responsible but your (or his) home insurance should have legal cover, could ask them.

gunnersgold · 05/04/2022 19:49

I managed to rip my big toenail off last year . I left it and it fell off on its own after hanging by a thread a while . It's grown back now just about but it was incredibly painful. I still managed to walk and go to work though , just limping ( I work In retail so on my feet all day) ..
I bought a size bigger trainers and wrapped it up and off I went... not sure why you need a chiropodist tbh . It will die and fall off if it isn't off already ..

alexdgr8 · 05/04/2022 19:56

i don't think you have a claim against your neighbour at all.
you should have secured your dustbins.
what if they had injured a passer-by ?
would you expect them to claim off you.
don't be misled by claims companies; the reality is likely to be different.

Harridan1981 · 05/04/2022 20:01

Your bins and they should have been secured so that they didn't fall into his property all the time.

Pretty sure you will be able to find some sort of suitable footwear, probably more suitable than what you were wearing at the time!

Can you not see chiropodist on nhs?

HalfShrunkMoreToGo · 05/04/2022 20:01

How long had the sheet of metal been there before the incident?

Had you seen it and thought it was fine or had you looked at it and thought 'that's not very safe it could blow around/fall over and hurt someone', if you had thought it was unsafe had you done anything about it?

It seems like this was just an unfortunate accident, your neighbour had spotted a problem and tried to resolve it. Neither of you had any reason to think that it would push a wheelie non down the street due to strong winds causing the wheelie Bin to run over your foot and hurt your toe. It's a completely random set of events.

Unless it was reasonable to foresee that his actions could be seen as unsafe then I don't think you have any recourse to compensation.

Harridan1981 · 05/04/2022 20:02

That was meant to say, your bins on your property.

gamerchick · 05/04/2022 20:05

@emmathedilemma

what on earth were you wearing on feet that your toenail got ripped off?? totally misses the point of the thread
Was wondering that myself.

You should have moved your bins elsewhere OP.

Harridan1981 · 05/04/2022 21:30

I'm assuming that that is the relevance of the comment on the weather, it was sunny when she went out so flip flops or similar.

CoastalWave · 05/04/2022 21:37

a. You should have professional insurance to cover yourself in the event you can't work.

b. A bust toenail is hardly a broken leg. It absolutely does not stop you working. It's a nail.

c. You will not be able to claim £10k off your neighbour whatever you've been told (lady whose daughter was killed by negligent park equipment wasn't even paid this - killed. You have a bust toenail)

d. I think you're actually just taking the piss.

e. I despair.

Original poster
Kukl · 06/04/2022 07:43

Wow some harsh words for someone who was simply asking a question. I was walking my dog in fields and woods so was wearing suitable footwear I do not wear flip flops for dog walking, after bins hit me my toe nail was sticking up through the top of the shoe. No it's not a broken leg but it's been very painful - sorry I'm not as brave as you. The bins as I say have never been a problem until he took the hedge out. The bins are on my drive and have never blown into a passer by they would have to travel out of drive across a road and up a path to do that. I get this was a random accident but my point is the bins wouldn't have blown upright towards anyone if the sheet of metal wasn't there. How long would it take to see an NHS chiropodist? This was not offered I was told by a and e to pay, it needed removing quickly, I just paid to get it sorted thinking I could go back to work Mon but this was not the reality. I am certainly not taking the piss, that comment is really uncalled for. Wish I hadn't asked, jesus!!!!!

OP posts:
BlanketsBanned · 06/04/2022 10:46

Big toe i juries are painful and can take a few weeks to heal but you should secure your bins, either move them or buy a bin shed. You say they fall into his garden when its windy, thats not right and could damage his property, could you put up your own fence or plant a hedge your side of the boundary. I guess he should secure anything he puts up too, it could have been a lot worse and you should get sickness and accident insurance.

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