My bin damaged my neighbours' car, I need to pay?

Honest John Back Room » Legal matters
View Threaded
Sun 13 Jan 2019 10:42
My bin damaged my neighbours' car, I need to pay? - Fatih

Hi all,

I'm very new in the UK, so I don't have much know about rules.

My neighbour said this morning that my bin damaged his car yesterday night because of wind. My bins was located in frond of my house like my other neighbours, and his car located in frond of his garage (not in).

He has pictures that my bin is near of his car. I don't think he is lying.

He has a coupe c class mercedes which is 64 plate. Right guard and door have little damages, you can see pictures in the link below.

photos.app.goo.gl/k4RzzFkn6vdsBs6CA

He wants me to pay his damage. He said I should to keep my bins in my garden. Yes, may be he is right about that but I think he should keep his car in his garage, not in frond of his garage.

He said damage will cost more than a thousand pounds but I don't have this much money, I bought a 2003 Toyota Corolla for 700 pounds. So, if I will sell my car, even so I can not pay his damage...

I need your suggestions...

Reply | Report as offensive | Link
Sun 13 Jan 2019 11:44
My bin damaged my neighbours' car, I need to pay? - Falkirk Bairn

Wind is an "act of god" & you are not responsible assuming you placed your bin in the designated area & not close to his car where it could easily cause damage.

He cannot prove that it was your bin that damaged the car - it could have been another neighbour's bin.

Tell him to get lost!

Edited by Falkirk Bairn on 13/01/2019 at 11:46

Reply | Report as offensive | Link
Sun 13 Jan 2019 11:54
My bin damaged my neighbours' car, I need to pay? - Bromptonaut

He may know who's bin it was because like most round here it had the house number on it. Equally, if he found a blue bin up against his car, your's was missing from its usual place and his car was downwind of your home it's going to be difficult to argue it was someone else's.

On that basis think he has a case

Wind was forecast for last night and it's arguable that a householder should have taken precautions to stop their bins from blowing around. Appreciate you're new here and might not understand the protocols but that's, at best, mitigation. I don't think his car being on drive rather than in garage gets you anywhere - everybody in this road bar 2 have at least one car on drive. Most garages are full of bikes, lawnmowers, additional freezers and general 'stuff'.

Refer claim to your buildings insurer.

Edited by Bromptonaut on 13/01/2019 at 12:01

Reply | Report as offensive | Link
Sun 13 Jan 2019 12:14
My bin damaged my neighbours' car, I need to pay? - Fatih

Thanks for your answer.

Bin has house number so we know that it was my bin.

May house insurance cover this situation? We didn't have any extra insurance about our house, I don't know that landlord has or not. May be I need to ask to my landlord.

He said I should to locate my bins in my garden, I understand that, ok. But I don't understand that; should he park his car in his garage?

Edited by Fatih on 13/01/2019 at 12:17

Reply | Report as offensive | Link
Sun 13 Jan 2019 12:16
My bin damaged my neighbours' car, I need to pay? - Palcouk

Assuming your bin was in a designated place, awaiting collection its an "act of God" , unless possibly the Met Office issued specific warnings on wind/storm damage broadcast on national media, for your specific area.

In any case from what is seen in the pics a dent removal firm should be able to rectify any damage for less than £200

If your insurer wont pay, which is likely the case you need to see the actual quotes.

Edited by Palcouk on 13/01/2019 at 12:18

Reply | Report as offensive | Link
Sun 13 Jan 2019 12:21
My bin damaged my neighbours' car, I need to pay? - Fatih

I think he will go to an official mercedes-benz service. He said panels probably will change...

Reply | Report as offensive | Link
Sun 13 Jan 2019 16:16
My bin damaged my neighbours' car, I need to pay? - Bromptonaut

Personally I'm sceptical of the 'Act of God' line of argument. I think that's intended to protect the insurance company from massive claims in disasters like earthquakes. I don't think it applies here any more than it did at a previous home of ours where a tile blew off our roof and dented next door's car. My Landlord's insurer paid up

Suggest you try speaking to your local branch of the charity Citizens Advice:

www.citizensadvice.org.uk/

If the generalist adviser cannot help you then they may be able to get you a free 'pro-bono'. appointment with a solicitor.

Reply | Report as offensive | Link
Sun 13 Jan 2019 17:15
My bin damaged my neighbours' car, I need to pay? - Brit_in_Germany

I don't see how a wheelie bin blown by the wind could cause that damage. I suspect either the damage was not caused by the bin and he is trying it on or some local youths were messing around.

Reply | Report as offensive | Link
Sun 13 Jan 2019 21:14
My bin damaged my neighbours' car, I need to pay? - SLO76
Tell him (politely) to get lost. You cannot be expected to come good for damage caused by the wind. It wasn’t your fault at all. He can either claim on his own insurance or pay for it himself. If he gets abusive ignore him or threaten to involve the police. It is nothing more than an unfortunate accident.

Edited by SLO76 on 13/01/2019 at 21:15

Reply | Report as offensive | Link
Sun 13 Jan 2019 23:16
My bin damaged my neighbours' car, I need to pay? - Avant

"Wind was forecast for last night and it's arguable that a householder should have taken precautions to stop their bins from blowing around." (Bromptonaut, above)

This is the crucial issue - was Fatih negligent? The law upholds that which is reasonable, and if he left his wheelie-bins in a sensible (usual?) place, they shouldn't be blown around except in very unusual conditions.

"He said I should keep my bins in my garden." Well, indeed: where exactly were they?

Don't admit liability, Fatih - at least not yet. The neighbour's Mercedes must be pretty feeble to be damaged to that extent by a plastic wheelie-bin.

Edited by Avant on 13/01/2019 at 23:21

Reply | Report as offensive | Link
Mon 14 Jan 2019 11:55
My bin damaged my neighbours' car, I need to pay? - Falkirk Bairn

If the car owner did not know of the wind & take precautions.

Why would the OP be any wiser?

If the car owner did know about high winds

Why did he not play safe & put the car in his garage?

The car owner might say the garage is full of household goods - that was his decision to fill the garage & park in front of the door not the decision of the OP.

OP walks away with no blame in either in scenario..

Reply | Report as offensive | Link
Mon 14 Jan 2019 12:30
My bin damaged my neighbours' car, I need to pay? - daveyjp

It is quite possible for a bin to do that damage, the handle or lid in particular should the bin have been blown and flipped over due to a kerb. Ours was blown over a couple of weeks ago and the noise it made just by hitting the floor made me wonder what it was.

I have suffered similar to a vehicle, but the bin only fell against my car without travelling. There was however a very obvious dent in the door.

However these things happen and if the person wants to claim let him go through the headache of dealing it. I wouldn't furnish him with any info of my insurance.

Reply | Report as offensive | Link
Mon 14 Jan 2019 15:21
My bin damaged my neighbours' car, I need to pay? - Cris_on_the_gas

This could get quite complicated but in essence. This is tort of negligence. If you acted negligently in leaving your bin in a situation where you knowingly thought it could damage your neighbours property then in law you have damaged him and he is entitled to claim damage from you.

However how can this be proven. You have stated it was windy. Were the bins stored in their normal place or had they been placed out ready for collection ? If they had been placed ready for collection was the neighbours car parked when you placed the bin ? Could you have reasonably expected that in the weather conditions was the bin likely to blow over and in which direction. You have to prove that you acted as " a reasonable man" in this situation.

If the bin was heavy when you put it out and the bin men emptied it in a wind, does the Council have a duty of care to place your bin in a safe place where it is unlikely to blow over ?.

OK so you are either negligent or you are not. If you are then most likely your House Insurance company are liable for losses incurred by your acts or omissions under Public liability.

I think you know your self if you acted in a reasonable way. If you think you did then tell your neighbour politely why you think it is not your fault. If he gets heavy then I would refer it to my Insurer with full information and advise your neighbour to communicate directly with them.

Reply | Report as offensive | Link
Tue 5 Feb 2019 14:20
My bin damaged my neighbours' car, I need to pay? - HGV ~ P Valentine

Oh lord, is this really a debate, and did someone really say he might have a claim. this is laughable, esp those who think he might have a claim.

If you had thrown the bin against the car then yes, but I would forget it, there is no way that will fly, and if he is claiming that much damage then i would suggest that it was already damaged.

Give him your insurance details and wish him luck, he will need an act of god to be succesful in any claim on this one.

Reply | Report as offensive | Link
Sun 27 Jan 2019 09:54
My bin damaged my neighbours' car, I need to pay? - Leif
It sounds unlikely but possible. Where did you leave your bins? If they were next to the car, one falling could do that. Otherwise could wind carry it upright from your house to the car then knock it over? Unlikely. I assume to cause that damage it would have to topple over. Is there any white paint on the bins? I would not concede and leave him to act, or not.

Anyway, let us know the outcome.
Reply | Report as offensive | Link
Tue 5 Feb 2019 20:14
My bin damaged my neighbours' car, I need to pay? - 72 dudes

As usual, the OP has taken our comments and suggestions and gone away. Hopefully he'll come back and tell us the outcome when the matter is settled one way or the other.

Reply | Report as offensive | Link