Mercedes E320 - Neighbour's roof slate smashed on car! - Chris on the road

My father-in-law's car (Merc E320) was hit by a fallen slate from his neighbour's roof, causing £980 worth of roof and boot damage. It was quite an impact, sufficient to cause the interior vanity light to fall off!

His neighbour is denying liability, and she claims that her house insurer has advised her that she is not liable. She claims that her house insurer advised her to tell my father-in-law to claim for the cost of repairs through his own car insurance, who would then liaise with his neighbour's insurer to claim back the cost. This seems somewhat questionable, as it would imply that she was liable for the damage, when she has also denied liability. I am concerned that if my father-in-law goes through his own insurance (he has a protected no-claims bonus) it will hike the cost of cover in subsequent years.

I have advised him not to have the repairs carried out in the meantime until the matter is resolved, if necessary through the small claims court. Unfortunately his neighbour seems to be avoiding the honourable solution - to pay up and avoid going through insurance companies.

What should he do?

Mercedes E320 - Neighbour's roof slate smashed on car! - ifithelps

I agree with your reading of the situation.

Your father-in-law's claim is against the neighbour, if she can persuade her insurers - or anyone else - to pay, that's up to her.

If father-in-law can get the name of her insurer, he could claim directly from them.

Does he have any proof of the accident?

When the lying starts, if it hasn't already, he may need it.

Photos of the car and the roof of the house, a note of the conversations with neighbour and you, all support his case.

If the neighbour will not see sense, his next option is the small claims court.

He should also inform his motor insurer 'for information' of the damage to the car and how it happened.

His last resort is to claim from his own insurer, but he shouldn't have to do that.

The neighbour should be ashamed of herself, but that observation doesn't help move the situation forward.

Mercedes E320 - Neighbour's roof slate smashed on car! - jamie745

Home insurance company gives inaccurate information to avoid paying shocker.

Mercedes E320 - Neighbour's roof slate smashed on car! - rjr

This scenario has cropped up a few times on here and most people get it wrong.

I doubt that anyone is denying that it was the neighbour's roof tile that has damaged your FIL's car. However, this does not automatically mean that the neighbour is liable. In order for the neighbour to be liable your FIL will have to demonstrate that they were negligent in maintaining their roof. If there is no evidence that the roof was in a poor state of repair then the neighbour will not be held liable.

Your FIL can either:

1. submit a claim through his car insurer who will attempt to recover their costs from the neighbour's house insurer,

2. submit a claim to the neighbour's house insurer.

Please note that in either of the above he will have to demonstrate negligence in order to succeed with his claim (the fact that the tile fell off is not evidence of negligence especially given the recent high winds).

If he tries to start small claims proceedings against his neighbour they can simply pass on the claim to their insurer who will then defend it (the same as option 2 above).

Mercedes E320 - Neighbour's roof slate smashed on car! - Dwight Van Driver

I agree with the second para of rjr.

Recall, many many moons ago, reading a judgement on those lines.

dvd

Mercedes E320 - Neighbour's roof slate smashed on car! - ifithelps

I can see proving lack of maintenance of the roof will be difficult, proving a negative always is.

But I would still sue the neighbour, assuming I'm right about the following:

Costs are not awarded to either side in the small claims court, so the father-in-law will know his maximum exposure before he starts.

Better than that, the insurance company, even if they win, will know they have to fund their own costs, which will surely exceed the cost of the damage.

Thus for this relatively small sum, I think it's likely they will offer to settle out of court.

But they will only do that on receipt of court papers, mere threats of legal action are unlikely to work.

Mercedes E320 - Neighbour's roof slate smashed on car! - rjr

Thus for this relatively small sum, I think it's likely they will offer to settle out of court.

But they will only do that on receipt of court papers, mere threats of legal action are unlikely to work.

Unless the claim contains evidence of negligence then the insurer can have the case dismissed with a simple letter as it is completely without merit.

Mercedes E320 - Neighbour's roof slate smashed on car! - martint123

Unless the claim contains evidence of negligence then the insurer can have the case dismissed with a simple letter as it is completely without merit.

Agreed. "act of God" unless negligence proved, and that is mighty difficult.

www.consumeractiongroup.co.uk/forum/showthread.php...m

Mercedes E320 - Neighbour's roof slate smashed on car! - ifithelps

...Unless the claim contains evidence of negligence then the insurer can have the case dismissed with a simple letter as it is completely without merit...

The task, therefore, is to word the written submission in such a way as to persuade the reviewing judge it is at least worthy of hearing.

I know courts don't like fishing expeditions, but I wonder if father-in-law has any right to see the maintenance schedule for the roof?

Requests such as that - if allowed - are all extra time, trouble and expense for the other side, which may help persuade them to offer a settlement.