Liability for damage

[gemewol]

During high winds, a part of my mother's chimney fell off, causing damage to a car parked in the street below. At the time, the owner of the vehicle said it was a few wee scratches to the door, and would be easily repaired. My mum gave her �50. The lady then came back and said she'd had quotes for repair, and it would cost �130, so my mum gave her a further �80. Yesterday, this lady posted her a repair bill for over �300 (detailing work completed on front wing...not door!)! she is now asking for this amount minus the �130 already paid. She refuses to claim on her insurance. Is my mum liable to pay the full damage costs (which I dont think are genuine), or as she had a verbal agreement and paid was was originally asked of her, can she refuse to pay?

[themas]

Your mother should have her own house buildings insurance policy. If she has then she should contact her insurance company as the policy will very likely include cover against this sort of event.

Always far better in this type of situation to let insurance companies sort it out rather than become involved in confrontation with someone.

[Whickerman]

actually, it's not so simple - you might remember during high winds some years ago there was a new phenomon whereby a lot of kids outdoor trampolines were being blown about (they'd just become widely available). The owners' house insurance companies insisted that the car owners' insurance companies actually paid out, as comprehensive car insurance covered such damage.

However, it seem in this case that a quote for �130 was given, and it ended up as �300. If the car owner is a close neighbour, and there's a friendship, they could possibly come to some arrangement.

[gemewol]

Thanks for answers!

unfortunately theres not a agood relationship! This woman has been hassling my mum for more money, and shes now scared to go into the local shop where this woman works!

as for insurance..this woman doesnt want to lose her ncb on car insurance, and because she had a big fire a few years ago, my mums home ins premium is quite high and shes scared if she makes a claim it will shoot up again.

does the woman have any legal right to ask for money?

[Whickerman]

The only real thing you can do (short of speaking with a solicitor) is call the insurance company for advice. But, there's a precedent - you mum's already paid some of the fee, thereby admitting liability.

Also, although this very obviously wasn't your mum's fault, it also wasn't the fault of the car owner, so maybe they feel aggrieved, hence the tension?

[gemewol]

thanks, will see what insurance company say!

[Peter Pedant]

erm well if she isnt going to put it innto the hands of either insurance company

then she is going to have to decide what she is gonna do af her own bat. The other side will have to show negligence, that is Your Mum was negligent in not keeping up the maintenance of the chimney

and your mum will presumably retort that she was not negligent and the chimney wouldhave fallen anyway.

and in a court she is gonna have to say,she offered to pay and then she won't (because she isnt liable)


I had a neighbour once who maintained any damage he did was with the best care and NOT negligent and I have to say it caused an awful lot of long term trouble between us.

[flyciderman]

Your Mother is liable to the claim as it is her property that caused the damage, so she has the following options.

a) To pay the claim in full out of her own pocket but get a letter agreeing that the claim has been settled in full
b) Let your insurance company deal with it, but first see if she have agreed to an excess possibly up to �250 of each claim.


The car owner will not lose her no claims discount as she was not responsible for the damage and her insurance company will not suffer a loss

[GlenB]

I don't think your mother is necessarily liable. The neighbour should have claimed on her own motor policy and her insurer would most likely have requested your mother's details. Your mother might have a liability if it was held that she was negligent in the maintenance of your property but if she has comprehensive insurance cover on her buildings or contents ( I can't remember which) it is likely that she would be covered by this. If she has such cover she should notify her insurance company as quickly as possible.