Does Negligence Matter?

[WeAreBongo]

Hi, bit of advice required. I recently complained to my neighbouring Iceland store as a vehicle delivering to their premises hit their crash barrier which in turn pushed my fence over so it now leans into my garden. As I was at work I do not know the time or date this happened and no driver reported the incident to Iceland. They acknowledge that the damage to my property was caused by damage to their property but say that as I cannot confirm the time/date this happened, nor have they had the incident reported by a driver then they have not been negligent and will not repair the damage. My question is: does negligence have to be proved in order to get them to pay for my fence repairs? Thank!

[spaced]

The time is not totally relevant, but the date is.

You should still be able to pass this via your insurers who inturn can contact the store and proceed with a claim. If the store have confirmed liability, have you not received this in writing or at least taken the name of the person that told you, including the date and time???

As their property has been damaged ,thus causing damage to yours, you can still claim from their insurers.

Imagine a 3 car incident, A hits B in the rear, which result B hitting C in the rear. C will claim from B and B from A.

[WeAreBongo]

Hi, thanks for your reply. The incident happened in Autumn last year and at the time they fobbed me off, however the fence is leaning over more and more as time goes by and I thought why should i pay to repair it when the damage was blatently caused by a vehicle accessing their premises? Their reply to my recent letter states that they accept the damage may have been caused by one of their vehicles. The thing is, the access road at the side of my property is their private road, so any vehicle using it is on Iceland business, whether that be refuse collection or stock delivery. Should I submit a claim to their insurers or a claim to mine? Or, as the incident happened a number of months ago, is it too late? Confused? I am! Thanks.