Neighbour says brick from my chimney damaged her car

[Streetwitch]

My chimney was badly damaged in the gales. I booked a roofer to rebuild it and had scaffolding put up to safeguard the pavement and road from falling debris.

The neighbour said a falling brick damaged her car while she was parked next to the scaffolding. Nobody saw it happen, she doesn't know when it happened, and the only reason she noticed the damage is because another neighbour pointed it out to her.

She won't go to her insurance company because she doesn't want to lose her no claims bonus (she's only been driving for a year though).

The damage looks odd, white and streaky, not like a brick, so I'm wondering whether there is any way of getting advice about whether it's consistent with brick damage?

Does anyone know if I'm liable?

Also, I don't want to be arsey about this - if I've caused the damage, I'll contribute, but I don't want to if it might have been something that had happened previously.

Thanks!

Is there an actual brick that looks like it’s fallen? It would need to go through your home insurance rather than her car insurance I’d have thought.

Sounds like she is trying to pull a fast one to me. A brick falling from that height would cause a heck of a dent.

In any case, you have engaged a contractor to make the area safe and prevent something like this from happening, so that makes them liable, not you.

Has she had a quote for the damage?

If she's otherwise a decent sort of neighbour and the cost wasn't high, I'd just pay up tbh.

This. If a brick did fall, liability lies with your contractor but the burden of proof falls to her. I'd just refer her to your contractor

A brick falling from that height onto a car (designed to be breakable) would cause some major damage and brick dust would be engrained in it.

Nope we had roof tiles come off and hit multiple cars. We had to claim on the house insurance for the roof and car insurance for the cars.

It will be her car insurance she needs to go through - that is not your being awkward, but just how insurance works - if the insurance company feels that you / contractor / your household insurance is liable then it will be up to them to pursue as appropriate. That is why she has car insurance. Yes it is a pain if a new driver, but it is life.

You aren't liable as you couldn't have foreseen it and you weren't negligent. That's what she has insurance for. It's what we were told when one of our trees fell and narrowly missed a neighbour's car. We had the other two trees felled though, like you are having repairs done. She's trying it on.

But she did foresee the possibility hence the comment about the scaffolding

Id get plenty of photos of the car, as others have said a brick falling from height would cause a lot of damage

Tell her to contact her car insurance who will then contact your house insurance and the builder's insurance and let the insurance companies sort it out.

Where is the damage?

Burden of proof is on her, it's not up to you to try and prove it didn't happen.

Not much help, but I bought a car with a big pointy ding in the bonnet, paint gone and a rusty slide mark. Apparently, a roof tile fell off in a storm, landed pointy side on the bonnet and fell off. Hard to describe, but if it looks a bit like that, then, yes, that's what's happened. (I'm happily driving that car around btw!)

She needs to refer to her car insurance company under third party damage. They will contact you and your home insurance will settle. But only if there is actual proof.

Tell her to sue God..
She chose to park near scaffolding...

She will need to contact her insurance company. End of - as far as you're concerned anyway.

Why is the fool parked next to the scaffolding? She is a chancer, just tell that you will only deal with car insurance company.

She'd need to tell her car insurance and they'd speak to your house insurance. That's the only way. Is there a brick next to her car? Is there one missing from your chimney? You'd have to check these out before agreeing to payout.

Tell your house insurers exactly what you’ve told us, give them the full information about the neighbour and the roof repairer and then let them deal with everything.

It’s highly likely that you won’t be liable but you don’t need to be involved in discussions or negotiations or detective work or anything. Your insurers will do it all for you. They are the experts and they won’t pay out unless they have to.

If your neighbour talks to you again, say “it’s in the hands of my insurers” and refuse to engage any further.

Where's the brick?

Thanks all - she's refused to go to her car insurance company and now she can't because she's left it too long, busy at work etc. As some have said, my home insurance say it has to go through her car insurance so nothing doing there.

I've asked for three quotes which I thought was reasonable, she doesn't want to provide more than two. The car is 11 years old, though in good nick, and I'm concerned there may have been some pre-existing damage.

I can see why she doesn't want the hassle of having to get three quotes, why are you telling her that anyway, she should be dealing with her insurers

Why are you doing this when you don't even know if a brick fell off ?

Your home insurer is unlikely to pay her anything unless she goes through her insurers or to a solicitor and a claim is pursued against you stating that they hold you liable for the damage. There's no proof, so they're unlikely to do so.

She has to suck it up and have a claim on her policy. Or if you're feeling generous and for the sake of good relations, you offer to pay, but personally, I'd refuse.

That’s her problem not yours.

Pass on your home insurance details (if you haven’t already) and leave her to it.

I would stop asking for quotes as that sounds like you’re accepting some responsibility and it is, in any case, not up to you where she gets it repaired if you are responsible.

Not a lawyer so would be good if someone qualified could comment, but presumably, she could just take you to small claims for the cost of damage, you could pass that on to your home insurers if you wanted to or just fight it yourself. But she’ll still need to prove it on the balance of possibilities (which it doesn’t sound like she can).