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Original poster

Damaged Fence & Neighbour

31 replies

OtiMama · 18/02/2022 19:18

Probably a typical post after today's storm!

A tree has fallen in our garden and damaged the fence to the side that is next doors responsibility. Presumably he needs to claim via his insurance? He is saying there's a high chance fencing isn't included on the insurance, which from looking online at our insurance it says fences aren't due to wind although it says you can claim for tree damage, so not sure if that counts.

If he can't claim on the insurance- should we pay even though it is his side? There was nothing wrong with the tree, just unlucky.

OP posts:
ANameChangeAgain · 18/02/2022 19:19

If its your tree that has damaged his property then you or your insurance need to pay for the damage.

CraftyGin · 18/02/2022 19:21

How desperate are you to have the fence back?

Original poster
OtiMama · 18/02/2022 19:23

@ANameChangeAgain yes we agree but surely he needs to claim via the insurance companies?

OP posts:
Original poster
OtiMama · 18/02/2022 19:24

When I went onto our insurance company to log the claim it only mentions claiming on our property, so I presume that is because he needs to claim and they then claim back off ours? But if the company says it doesn't cover claims on fences damaging in storms then what?

OP posts:
CraftyGin · 18/02/2022 19:24

A couple of fence panels does not justify an insurance claim, surely.

Kshhuxnxk · 18/02/2022 19:26

But then he'll lose his NCD because of your tree - you should pay.

HalfShrunkMoreToGo · 18/02/2022 19:27

It's your responsibility to fix as your tree did the damage, so if he can't claim through his insurance then you can claim through yours.

Probably not worth doing though as a post is about £30 and panel 30-100 depending on style so would be cheaper to just pay than cover the excess and increase in premiums.

MrsRobinsonsHandprints · 18/02/2022 19:27

Well at least you haven't damaged the neighbour.

Depends if you like neighbourly harmony, yes most insurances, with excess, insure damage by falling tree, but for the sake of a few hundred quid are you willing to fall out with a neighbour, especially considering when moving you have to declare neighbour disputes. If it is more than a few hundred, I think at least you should pay the excess

ANameChangeAgain · 18/02/2022 19:27

Yes but it has to be your insurance. You both contact your insurance companies and swap details. If I were you I would just pay it, keep insurance out of it.

FAQs · 18/02/2022 19:29

Yes you should either via insurance or via paying a contractor directly, it was your tree which caused the damage.

Whingasaurus · 18/02/2022 19:31

No you claim on your insurance for damage done by your tree or just pay its not his responsibility to claim or to pay.

Lineofconcepcion · 18/02/2022 19:32

It's not your responsibility unless you were negligent because the tree was poorly maintained, it's an act of God. Each person bears their own loss.

HeyEwe · 18/02/2022 19:36

If it was your tree or stuff from your garden that caused the damage I'd say you just pay to fix the fence, how much is a fence panel? Not really worth falling out over is it?

Original poster
OtiMama · 18/02/2022 19:37

I clearly have no idea. I presumed like a car if your car was hit you call your own insurance and they then claim off the person responsible.
Currently our insurance company due to high volume says log online for damage to your own property but obviously its not our property damaged and there is no option to say your tree hit someone else.

I have no idea on the cost of fixing the fence, so maybe need to find out as I agree don't want to go via insurance if its a stupid idea and easier just to pay out.

OP posts:
BlissfullyIgnorant · 18/02/2022 19:48

How much is your excess?
How much is a fence panel or two?
I wouldn't even tell the insurance company. They add to the policy notes even if you just call with a query

HalfShrunkMoreToGo · 18/02/2022 20:11

If its just standard 6 foot panels and posts and not any kind of fancy design so like the links below then materials will come in at under £100 for 2 posts and 2 panels plus a couple of bags of quick set concrete (postcrete). Then you're paying for Labour on top which from my experience is 2 blokes and about 1.5 hours (if that, they work really fast) so shouldn't be more than about £300.

www.wickes.co.uk/Incised-Timber-Fence-Post-75-x-75mm-x-1-8m/p/542001

www.wickes.co.uk/Wickes-Dip-Treated-Overlap-Fence-Panel---6-x-6ft/p/540053

Obviously if the fence is a more fancy design the cost will increase.

Original poster
OtiMama · 18/02/2022 20:19

thanks both of you, excess around £300.

I need to assess it more tomorrow once we can get the tree cleared. It's feather edge, so annoyingly not the cheaper fencing type.

OP posts:
Thistooshallpsss · 18/02/2022 20:53

There is no law that requires your neighbour to have insurance that’s up to him. I think you are liable but you may be able to claim on your insurance through your public liability element of your insurance

Palmfrond · 18/02/2022 21:08

@CraftyGin

A couple of fence panels does not justify an insurance claim, surely.
My thoughts exactly. And depending on its size it’s the removal of the downed tree that’s going to be costly/a balls ache.
gingerninja99 · 18/02/2022 21:13

We lost a tree last year that took down neighbours half wall and fence, insurance said they don't cover other property damage from our claim but neighbour should claim via their insurance for the damage and they would them claim from ours, abit like car insurance.

MarieG10 · 19/02/2022 07:49

In theory he could claim from you although if contested would need to prove negligence, ie the tree was dangerous or weak and you didn't do anything.

Frankly...I would pay up and replace his fence and avoid any insurance claim.

I claimed many years ago on my house insurance and learnt a valuable lesson not to unless a big claim as:

  1. Your premium goes up a load next year
  2. 80% of companies decline to give you a quote the following year
The cost if enhanced premiums over 4-5 years can be more than any claim. I would not consider claiming unless it was heading towards £1500 at least
FurierTransform · 19/02/2022 11:52

Their insurance likely won't cover it.
I'd it were me, I'd offer to pay. It's only a couple of fence panels and it was your tree that did the damage.

Chestofdraws · 19/02/2022 11:56

Gosh you can get feather edge panels for about thirty quid. No one would claim in insurance over this surely?

1Dandelion1 · 19/02/2022 12:02

Legally your are not responsible, but if you care about good neighbourly relations....

Most buildings insurance should cover tree removal from his garden and fence repairs, the insurers will then decide if they have evidence you are negligent and approach you/your insurer for reimbursement.

FoxandFeathers · 19/02/2022 12:06

This happened to us, as a pp said your insurance doesn’t cover other people’s houses. That’s what insurance is for. As long as they hadn’t raised a concern about the tree before you are not liable. We ended up paying half the cost to keep good neighbourly relations, which you can’t put a price on!