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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:
Original poster
Kukl · 06/04/2022 11:14

Thanks blankets banned. I rent my house, the hedge that was there stopped the bins going in his garden and never had a problem with wind blowing them as they were protected by the hedge that he's taken out. I don't want 10 grand or anything close to that, don't want to have bad feeling. But I guess if I was him I would have showed more concern and offered to cover lost wages but we are all different. Being single with one income I'm also doing a 4 year college course to try and better my life in the sense that I can relax on the physical work at some point and this whole thing has set me back abit. I'm a very reasonable person have never complained about the noise or mess even when scafolders turned up at 7am on a Sunday did I complain - No, they got a job to do as have I. All I'm trying to do is keep my head above water like everyone else. I'm not a wimpy person I'm self employed I can't afford to be, Ive banged toenails before and pulled em off and carried on but this was not like that it had ripped upwards and was imbedded in nail bed. It's now infected and having to go to docs every other day to have it cleaned and redressed. So will be a slow healing process and it just feels so vulnerable at the moment

OP posts:
BlanketsBanned · 06/04/2022 11:30

Have you been in touch with your landlord and told them what happened, they may be able to help you with the rent. The neighbour doesn't legally have to put a hedge or fence up and the bins shouldn't be in a place where they blow over, the first time that happened you should have moved them or your landlord should have provided some sort of secure place.

Original poster
Kukl · 06/04/2022 11:48

Just about to limp round now to pay the rent-landlord lives other side of me. I understand new neighbour doesn't have to legally put hedge or fence in but it was his idea to remove existing hedge to replace it. Bins have now been moved until he sorts out the boundary line. As I said bins been kept there for 25 years and never been a problem. Thanks for your response.

OP posts:
Original poster
Kukl · 06/04/2022 19:05

Update - spoke to my landlord it seems the new neighbour firstly didn't have permission to remove the hedge. Secondly he's built over the boundary line. Thirdly he's has complaints about the noise - not building noise but loud music and the times of noise ie 7.30 on a Sunday morning. And fourthly the mess - not the building mess but rubbish in neighbours gardens. I've also had it in my garden and just picked it up and binned it along with all the screws and nails. And funnily enough I hobbled back from next door to find 2 large planks of wood and a tarpaulin in my back garden. They are not mine and just thankfull it was raining and I or the dog wasn't in the garden!!! Seems he's not hot on health and safety rules or consideration for new neighbours.

OP posts:
alexdgr8 · 06/04/2022 19:22

if it was his hedge, he wouldn't need anyone's permission to remove it.
and when he asked if you minded, didn't you tell him that it was a rented property and that he should ask the landlord.
anyway, i think some people are surprised at your seeming unrealistic expectations of legal redress.
there is a legal advice phone-in on LBC radio, friday and saturday 9pm.
why don't you give them a call, they have a solicitor on.

Hoppinggreen · 06/04/2022 19:26

@Kukl

Update - spoke to my landlord it seems the new neighbour firstly didn't have permission to remove the hedge. Secondly he's built over the boundary line. Thirdly he's has complaints about the noise - not building noise but loud music and the times of noise ie 7.30 on a Sunday morning. And fourthly the mess - not the building mess but rubbish in neighbours gardens. I've also had it in my garden and just picked it up and binned it along with all the screws and nails. And funnily enough I hobbled back from next door to find 2 large planks of wood and a tarpaulin in my back garden. They are not mine and just thankfull it was raining and I or the dog wasn't in the garden!!! Seems he's not hot on health and safety rules or consideration for new neighbours.
None of this has anything to do with your accident Which was just an accident - the wind blew your bin into you, no idea why any of that is the responsibility of your neighbour
Original poster
Kukl · 06/04/2022 19:44

Of course I told him he needed to ask the landlord about removal of hedge - my exact words were I don't mind but it's my landlords decision and he lives next door. He's removed a hedge that's not his and put a sheet of corrugated iron behind my bins. The bins never blew over before the hedge was removed as they were tucked in and sheltered.

OP posts:
alexdgr8 · 06/04/2022 20:03

the bins are still your responsibility.
it was an accident. not foreseeable. and nobody to claim from.

BlanketsBanned · 06/04/2022 20:34

If the hedge belongs to your landlord and the neighbour removed them without his permission that is between the two of them, if items are found in your garden then you tell your landlord and he deals with it. When was the hedge removed, did you tell your landlord straightaway and move the bins to somewhere safer.

Original poster
Kukl · 10/04/2022 07:20

Second update- New neighbour came yesterday and asked how much wages I've lost, I told him and he's transferred it to my account. Why? Because he was at fault, I knew that and so did he which is why I asked the question. He and myself are only too glad my bin hit me before the corrugated sheet did because the outcome could of been alot worse.

OP posts:
LittlemissMama67 · 10/04/2022 07:26

I understand it’s difficult and your losing money but you’d be better to seek benefits or call citizens advice, is it worth falling out with your neighbour? It’s one of them, really it’s your bin that did it.

Original poster
Kukl · 10/04/2022 07:42

I didn't ask him for the money he's offered it, because he was in the wrong, there is no bad feeling between us. The dispute of boundaries and hedges is between hi and landlord. I'm just pleased he's done the right thing by me

OP posts:
SophieJo · 10/04/2022 07:45

You are very fortunate in this instance as he didn’t have to do that.

MalbecandToast · 10/04/2022 07:53

Wow, more fool him for paying! You are so out of order I don't know where to start!!!

DropYourSword · 10/04/2022 07:54

@Kukl

Just about to limp round now to pay the rent-landlord lives other side of me. I understand new neighbour doesn't have to legally put hedge or fence in but it was his idea to remove existing hedge to replace it. Bins have now been moved until he sorts out the boundary line. As I said bins been kept there for 25 years and never been a problem. Thanks for your response.
But they only weren't a problem for the 25 years presumably because the hedge was there. Once that was removed I guess the bins needed to be relocated.

I hope you heal up but I really can't see hear that the neighbour had done anything wrong given:
a) you agreed that the hedge could be removed
b) you didn't relocate your bins and so they blew over SO
c) the metal sheet was there specifically to stop your bins toppling onto their property

Hotpinkangel19 · 10/04/2022 08:10

I wouldn't have paid, it was an accident.

Original poster
Kukl · 10/04/2022 08:15

If you'd read post it came to light that the metal sheet was not put there to stop bins from falling in his garden but as a barrier for the boundry for health and safety until he replaced hedge. He was in the wrong and he knew he was, he's admitted it. So I don't think I'm out of order for accepting his offer to cover his mistake.

OP posts:
Hoppinggreen · 10/04/2022 09:15

Unbelievably good of him to do that

Polyanthus2 · 10/04/2022 12:48

No one sticks upright sheets or corrugated iron loose around the place. Obviously going to catch the wind. Or leaves uncovered deep holes in their garden boundary.
Well done OP hope it tides you over until the toe has healed.

Carrotten · 10/04/2022 13:04

But your bins were repeatedly blowing into his garden? It could easily have been him that was injured.

You've been incredibly lucky he's willing to pay your lost earnings.

It's really just a series of unfortunate events. Essentially your injury was just a toenail, it's hardly a life or death injury. The fact it got infected wasn't on him. I would have tried my GP before a chiropodist.

drpet49 · 10/04/2022 13:08

* 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.*

^I still can’t figure out how your toenail got ripped away Hmm

Original poster
Kukl · 10/04/2022 18:21

Polyanthus - thank you, finally someone has read this thread properly and understands that he was in the wrong and he wouldn't of offered to cover wages if he wasn't at fault.
Carotten my bins didn't blow in his garden, please read properly and I rung gp when it happened they told me go to a and e they sent me away with toenail ripped off and Inbedded in nail bed and told me to pay chiropodist.
Drpet49 neither can I but it did.

OP posts:
Bellyups · 10/04/2022 18:30

You’re extremely lucky he paid. You wouldn’t have got far down the legal route

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