Damage to neighbours car from wheelie bin

[lulabelleg]

We forgot to put our bin out on the pavement last night. The bin men collected it from the front of our property and emptied it anyway. I only noticed it when I looked out of the window later on and saw it lying at the top of our drive against our neighbours low wall. I bought it in later on noticing the lid had not flipped back. The neighbour has just knocked and said that the bin has damaged his car and his mum said that we should claim on our house insurance. Is this correct? I feel very stressed that we may be personally responsible as he really kept going on about how bad it was. We don't know him as he's never spoken to us before and we moved in about 8 months ago. I don't want to be difficult and will speak to our house insurers but just wondering where we stand. I think we're unlikely to get anywhere with the council. I'd appreciate any advice. thanks

I would suspect that the bin isn't your property, (belongs to the council) and that you didn't have control of it when the bin men dumped your bin. Also, wouldn't your neighbours have to prove to a certain standard, that it was the bin that did the damage? Hopefully someone more qualified will be along in a moment..

I wondered that- I've tried googling but there is just so much differing opinion and nothing definite. A few people mention home insurance- we changed policy last year to the cheapest possible and I can't even remember who its with.

Bloody neighbour just turned up on doorstep asking me to phone his mum! He also then said his friend said we should be giving him a cash settlement. Just spoken to insurance company who said he should claim through his own insurance who would pursue them if necessary though not sure if it would be covered. My husband said he is going to tell him tomorrow that he has to sort it out not us and should speak with the council aswell. It's makig me feel very worried.

Don't be worried. It's not your fault or responsibility.

1. The bin men left it on the street, not you. &/or
2. They drove their car in to the bin. It was up to them to look out for it.

Thought about this one last night! The bin belongs to the council, you have control of it, when it is on your property, but it was the bin men who allegedly caused accidental damage, on the pavement, a public place, so how on earth could this be your responsibility UNLESS you choose to assume responsibility. So don't and it is for the neighbour to take this up with the local council. Stop worrying (easy to say I know)

What your ins co means is that it would be considered under the public liability section. However for their claim to suceed, they will have to prove that you were negligent and I fail to see how they can do that. There is a huge amount of misunderstanding from the gen public about this. I assume that the bin was left on your drive and the wind forced the lid open and hit the neighbours car? No negligence on anyones part as far as I can see.

Thank you for your replies. After not sleeping very well my very calm DH said the same thing. We were not negligent and therefore not responsible. Opinion seems to be that he should go to his insurance company and then they will pursue our insurance or the council if they believe we are responsible. No cash will be coming for us. Luckily its not someone we see often and the other neighbours don't really know him either so I don't think it will cause an issue. The bin had kind of rolled back onto his low wall and must have flipped the lid into his car, though when I picked it up it was just resting on wall and lid was closed not touching car atall.

I'd love to know exactly how much damage a full or empty wheelie bin can truly do to a car? Did he show you the damage ??

Did your bin actually do the damage or is he covering up something he is responsible for and doesn't want to get in trouble with his mum? Take photos as evidence.