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!

This!

A small dent and no brick dust, main damage is three weird long white parallel scrapes.
There were a couple of half bricks on the other side of the road but I don't know long they had been there for. Not near the car.

She's refusing to go to her insurers because she doesn't want to lose her no claims bonus, and it's too late now anyway - it happened 5 weeks ago.

She wants me to pay because she says it's my fault and it's not fair that she's out of pocket.

I feel under an obligation because there's a good chance it was a brick from my chimney, but...theres no proof, and it could have been pre-existing damage, the car is old.

Im beginning to think that I'm paying because she decided not to pay for no claims bonus protection.

Does she use a roof box? Or is her car particularly tall? Sounds like she's driven under something that's scraped her car. Garage door not opened properly maybe. Or a roof box being removed.

No way is that a brick falling off a roof level damage. Just ignore her. She doesn't want to pay for her own repair.

Don't bloody pay you doormat, you'll literally sign yourself up for a constant stream of stupid shit.

No.The court would tell her to claim on her insurance

You will only be liable if you were negligent. I can't see how you would be when you expediently instructed contractors to reinstate loosened material on the roof. If it was just an accident, you aren't liable even if the brick fell from your property (which she'd have to prove anyway). If your contractors were negligent then they are the tortfeasor and she needs to pursue them, not you. You aren't liable for the acts or omissions of independent contractors unless you were up on the roof supervising the negligent works!

Further, your household insurance does not insure her property. Her car insurance does. Her insurer can then pursue yours only if you have liability cover (most people don't, only cover for their own property being damaged). You can't insure someone else's property because you don't have an insurable interest!

Stop pandering to her. And definitely don't give her any payment. This is what insurance is for - I don't think it's too late for her to claim fwiw.

I thought she was being precious over a newish car but come on a new driver in an 11 year old car?? Those things always look like fair ground bumper cars! She's taking the pee.

Yet again we have this idea that insurance somehow magically takes away liability. If OP has been negligent, she is liable. If the neighbour claimed on her insurance, the insurance would take action against OP to recover their costs.

No, a Fiesta, and the damage is on the side, not the roof. The side facing away from the scaffolding, which seems strange

Stop engaging with her!
She’s scraped it while driving through a gate or something.
Just say sorry, she needs to claim in her insurance. It’s not too late, 5 weeks is nothing.

Oh come on, obviously I assumed the top, the direction of where a brick would fall from. She's having you on big time, she scraped her car and thought she could cash in on you. She's a CF and they don't stop once they know they can take advantage of someone. Tell her to go through her car insurance, it has absolutely nothing to do with you.

If you believe this nonsense (no dent, damage to other side of car from chimney etc) and actually pay her money... then I've got a bridge to sell you, OP.

Yes but the insurance companies would argue it out between themselves and no one would agree that a red brick falling from a great height has left three white scratches on the road side of a car 😂

Exactly.

Stop letting her think you’ve an obligation! It makes it look like you’ll pay her with no proof if only she gets a quote for the work. It could cost a fortune even if it’s a tiny dent and should go through insurance.

Keep telling her she has to either pay for it herself or go to her insurance company, that is what insurance is for. If her insurer thinks you are at fault, they will contact you and ask you to engage your insurer and both companies will take it from there to decide if anyone is at fault to recover money from

I wouldn’t entertain this. She has insurance. You shouldn’t be out of pocket because she chooses not to use it.

We had the insurance company out a while back after a brick fell off our chimney, some storms had left it in a state.

While the general condition of the chimney came under wear and tear (what doesn't) I asked what would happen if another brick came off and hit a parked car. The bloke from the insurance company said "that's what car insurance is for".

It's not too late for her to claim.

If she wants money she goes through insurance. End of story.

Loving the amateur forensic analysis of the damage.

Just say you can't afford it but are happy to go through insurance. Tell her they have offered to send their Brickfall Analysis Specialist round to evaluate once she's kicked it off with her insurance company.

She's refusing to go to her insurers because she doesn't want to lose her no claims bonus, and it's too late now anyway - it happened 5 weeks ago.

It isn't too late though.

She is pulling a fast one.

She should have taken photos of the damage caused and not washed her car.

Tell her that unfortunately you will only deal with her insurers. DO NOT GIVE HER ANY MONEY.

The reason she isn't going through her insurer is because her car at 11 years old may be written off as cosmetic damage on older cars isn't worth repairing.

(Car insurance claims take months to sort out even if you notify your insurer immediately. )

I recently dealt with a similar complaint at work and was told by the legal and insurance depts that it would definitely be her car insurance.

Been in exactly this position recently, OP, except it was a tiles off my roof, not a brick. Had my house insurance round to assess the damage (they needed to see if there was wear and tear/ was the property well maintained etc) and whether they’d pay for the roof. They told my neighbour on no uncertain terms was her car their problem. It was accidental damage, so she needed to contact her own car insurance.

Because there was the wait for the house insurance assessor to come out, it definitely was over five weeks before she contacted them.

A tile fell off our roof and scraped my car, it was a vertical scrape, rather than horizontal for a “drive past” scrape.

i would ask her for her insurance details and pass them to your home insurance company to resolve.

Oh and as a side note, those tiles absolutely T Totalled her car. I appreciate this was when we had serious winds, but believe you me, if a brick or a tile falls from a height, it does not leave a few scratches!!!