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Legal matters

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My fence fell on his car

12 replies

Ineedlegalhelp · 17/02/2023 18:59

During the most recent storm, my fence was blown down and fell on my neighbour’s expensive car. It dented it a bit.

Am i liable for the cost of repairing the car?

I have checked my home insurance which says that my fence is not insured unless the main house is also damaged by same storm. I am worried insurance company might say they won’t repair the car.

Please help me with ideas. This is my first home. No experience at all. I have no one to ask

OP posts:
LIZS · 17/02/2023 19:04

Ndn needs to claim on his insurance. Unless it was in disrepair or you knew it was loose you are unlikely to be liable.m

snowgirl1 · 17/02/2023 19:04

Your fence may not be insured, ie. your insurers won't pay for you to have a new fence, but your insurance may cover the damage your fence has caused to your neighbours property - just ring your insurance company. They can tell you the exactly what you are and aren't covered for.

Sporty2022 · 17/02/2023 19:10

The car owner will contact his motor insurer to see what they advise. They may try to claim off your home insurance- if that’s possible.
However this may be classed as an act of God.
Also- car drivers must legally have car insurance. However, home owners do not have to have home insurance.

Sorry OP - no help there. But if your home insurance company won’t pay out then that’s not your problem. Yes it wasn’t his fault but it wasn’t yours either.

It’s not as though you have to pay out of your own pocket. Let him battle it out with his insurance company. They may want to challenge your home insurance company but again that’s not your problem.

DogInATent · 17/02/2023 19:15

Your fence, your liability.
You need to ask your insurer the right question, will they cover the damage to the neighbour's car. Asking about whether they'll cover the fence is the wrong question.

AllTheThingsIWantAreHere · 17/02/2023 19:25

I really don't think Mumsnet is the place to ask this sort of question. You e no idea if the advice given is true or not.

whatever1980 · 17/02/2023 19:38

My parents roof blew off and parts fell on neighbours new car scratching it. He claimed on his insurance. We offered to pay his excess out of guilt as it was big.

Commah · 17/02/2023 19:41

Act of God, totally not your fault.

whatever1980 · 17/02/2023 19:41

House insurance which was paying to replace roof on house and other repairs categorically said it wasn't a home insurance issue or our issue. We felt awful as brand new car damaged so really did try with home insurance to get neighbour covered as knew he could lose any no claims bonus and excess was huge but no they had to go through their motor insurance.

journeyofinsanity · 17/02/2023 20:04

Commah · 17/02/2023 19:41

Act of God, totally not your fault.

What if the fence posts were rotten and in a state of disrepair?

Elieza · 17/02/2023 20:39

Is it a bought house?

Who owns the fence? Is it a joint fence ie you both half in for its upkeep? Or is it yours or his and I’d there proof of this ie a bill or receipt that came with the house stuff or anything?

If it’s proved to be yours (perhaps the last owner of your house would know or it’s on your title deeds)I think I would expect to pay. But that’s without taking legal advice which may say otherwise!

I’d put myself in the car owners shoes. Unless he parked stupidly or on your garden or something, if he just parked as normal up his drive, it’s hardly his fault if it’s your fence and it blew down.

if it’s rented then your landlord should deal with this.

If it’s a shared fence I’d think you could expect half in for his car repairs.

Is the car owner hoping to deal with this without going through the insurance? Some people do this for minor claims so they don’t lose a no claims bonus which leads to higher insurance costs next year.

If so and if it was me in your shoes I’d suggest the car owner gets three quotes for repairs til you see costs. I wouldn’t admit liability at this stage. ie don’t promise anything. Tell him you’ll look into it once he gets the quotes. Not to get quotes and I’ll pay. Don’t say that. Just that you will look into the position.

If you contact an insurance company they will rack up a claim against you even if you don’t go through with it. Apparently because your liability has increased. Which is totally unfair. So I wouldn’t contact my insurance company unless they costs would be significant. Which you will only know once he gets them.

people usually get three quotes so you can ensure you’re getting best value and not going with an extortionately priced garage.

once you get the costs you can see how you feel.

insurance generally has an excess. Mine is £500. So the first £500 of any claim I’d have to pay myself. So it’s hardly be worth it for say £800 of repairs. So I’d cough up if I’d done something without involving the insurance. But if it’s £3k there’s no way I have that so I might then investigate my policy further.

If he’s going through his insurance he will contact them and they will contact you to get the money off you. At which point you’d pay up or leave it in the hands of your insurance.

You may have free legal advice on your policy. you could take that advice?

Hopefilly someone with legal knowledge will post on here for you.

YesYou · 17/02/2023 21:15

Several of these replies are wrong OP. Let him ring his insurance and see what they say.

Paul2023 · 18/02/2023 11:53

journeyofinsanity · 17/02/2023 20:04

What if the fence posts were rotten and in a state of disrepair?

But how would anyone prove this ? Also, it wouldn’t be the OPs fault , there’s no law saying how good a condition your fence must be in, in the event it falls onto someone’s car.
All the OP can do is contact her home insurance company. And the car owner contact his car insurance m. Let them decide who’s going to pay. There’s no other way of dealing with it.

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