Car damaged by next doors gate

Honest John Back Room » Legal matters
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Sat 3 Oct 2009 17:11
Car damaged by next doors gate - bell boy
Taken this afternoon off due to severe gales and parked my car up at home
Next doors gate has blown off in the winds and damaged my car door and smashed the mirror off.
I have a short cctv recording of the gate coming off its hinges as evidence (5 seconds)
My neighbour who rents this house apologised for the damage and i told her to get in touch with her landlord so as to get my car sorted
How do i proceed please?
Ive taken photograpghs of my car damage and also pictures of next doors gap where the gate was
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Sat 3 Oct 2009 17:23
Car damaged by next doors gate - Pugugly
Get it costed up written quotes and all that. The Landlord's Buildings' insurance should cover it.
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Sat 3 Oct 2009 17:32
Car damaged by next doors gate - NARU
I think you'll find it all comes down to whether the landlord has been negligent, or whether its regarded as an act of God.
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Sat 3 Oct 2009 17:41
Car damaged by next doors gate - bell boy
Ive been shutting this gate on and off for 15 months now and ive also taken a photo of the screws that held it on (very insubstantional) the renter also said shes had lots of problems keeping it shut so im looking more at negligenge rather than act of god
lets put it this way its a big heavy gate and if it had hit my grandchild it would have killed her
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Sat 3 Oct 2009 17:46
Car damaged by next doors gate - Falkirk Bairn
If I was abetting man I would say Act of God will exclude 3rd party property ins coughing up!

Had you told the landlord in the past that the gate was dangerous then you could win in a claim but you did not tell him even when you knew the hinges were weak!
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Sat 3 Oct 2009 17:54
Car damaged by next doors gate - bell boy
i told the ex owner of the fence who built it it was a problem,he has since sold the property to the landlord
i didnt know the hinges were weak till i put the gate back in their garden and picked the hinges and screws up at the same time/i do cars not fences so its hardly up to me to tell the neighbours their fencing is a sham
i got a professional in to build my fencing/gates and wall and mines stood the winds
i cant see how building poorly fabricated gates can be classed as an act of god if its not fit for purpose
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Sat 3 Oct 2009 21:15
Car damaged by next doors gate - bell boy
thanks pugugly
im awaiting their response
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