Fast forward through 3 weeks of repairs and he has just told me that his insurance has rejected his claim and he would like me to pay half of the excess back. As part of the review process, respondents must affirm that they have had an initial consultation, are currently a client or have been a client of the lawyer or law firm identified, although Martindale-Hubbell cannot confirm the lawyer/client relationship as it is often confidential. If he refuses to pay for the damage to your car, take him to small claims court. Some years ago my son (very young at the time) rode his push bike into a neighbours stationery car - I gave the details of my house insurance policy to the neighbour and my ins coy paid out direct for the repairs. I'd like to think with our neighbours this sort of thing would get resolved fairly easily but hopefully will never have to find out. Posted: Sun Mar 29, 2009 09:47 am Post Subject: like jeorge said, there's a similar discussion regarding this issue and you might want to take a look at it. We had a severe storm last night and flying debris, from our neighbour, damaged our car. Deckee Pty Ltd when rabbit howls Menu Clean the Trampoline Frame. Understand it is not a slam dunk, but he (neighbor) has a duty to control his property to prevent causing damage to yours or other neighbors. The neighbor retrieved the trampoline without bothering to inform us of the incident. It has been 2 weeks since the incident occurred. Should I call his insurance company too. Give him a copy of the bill, and ask for payment. Kids love to play on them. High winds blew my trampoline and damaged neighbor's home. I can not find any legal documentation to clarify as to if the neighbor is Liable in the eye's of the law. It probably won't ever look the same but it shouldn't die. Or if the damage is to personal items in your garden such as pots / plants / garden furniture this is unlikely to be covered on their insurance but they may well intervene with some sort of enforcement action (even if its just a warning). It's a simple court matter. But he said they won't budge. My wife took the vehicle to a dealer and was quoted $540 to fix the damage. Moreover, since I rarely drive my car, it is almost always parked in my apartment garage. wizard of odds blackjack side bets. Not only would it be illegal, i would be paying approximately another 3 - 400 dollars for the extra insurance plus the cost of the excess plus the increased premium for 5 years as I would have a claim against my insurance history. If the neighbor did do a good job securing the trampoline but the wind-storm was extra-strong and unexpected, then your neighbor is not . Really, there shouldn't be a case in which you'd have to pay for all the damage to your vehicle out of your own pocket if it got smashed by your neighbor's tree during a storm. Mountain View, CA Personal Injury Lawyers, Do Not Sell or Share My Personal Information. Did I drag my feet and am too late? UK Law the likelihood of it causing damage the proximity to your neighbours property Will all increase the LIKELIHOOD of this happening and prove that the damage is FORESEEABLE which is necessary before damages can be claimed and proving that the duty of care has been breached. I would have thought it is negligent not to take precautions. My insurance company said that as I had no knowledge of weaknesses in my 5 year old house, that as an act of God I was not liable. Your only remedy is a lawsuit. PUP protection begins when you've exhausted the required underlying liability insurance amount of your homeowners policy. What are the chances of his homeowners insurance paying for it. 0. Neighbour not responsible. I have had the damage inspected by a trusted bodyshop who I have used before and the cost of the repair comes to a total of 600, initially we thought the cost was going to be less but the tramplonie had transferred alot of the silver/grey paint from the aluminium legs over my car and the full damage wasnt apparent untill the paint was removed. and our Therefore I simply laid it down . What did the neighbour fail to do that a reasonable person would have done? The trampoline flipped over some trees 4m in height and snapped 10m of fence, which was secured in a 1.3m high, concrete wall. If you claim, the ins co will sue him/them anyway to recoup what they paid out to you. To assist, you should firstly find out which regulation module applies to your scheme by contacting the Titles Queensland on 07 3497 3479. If your neighbor did not do a very good job anchoring the trampoline and the windstorm was forecasted and was not extra-strong or out of the ordinary, your neighbor might be liable for the damage to your home. In any case, I contact the housing association to make them aware, explain this is a repeat occurrence and explain what action you have taken to deal with this yourself. Repair vs Total Loss (2009 Mazda 3 Hatchback Sport). She moved about four houses down with her mother. If he is gui. Yeah, I must admit I am firmly of the belief that his house insurance pays. Disputes between neighbours can have a serious effect on everyday life, but going to court is often not the best way to solve a problem. Car damage claim on neighbours home insurance advice. Asked on April 30, She thinks I am liable for her car repair. 100 Chart Pdf, If we have another storm pop a note through saying along the lines of hi it's going to be windy this weekend please make sure your trampoline is secure as we have bought some . You can read more about the maintenance responsibilities for you and your body corporate. Give him a quotation (not an estimate) for fixing the car. Since he is an attorney, I thought it best to find out whether he is legally responsible for this damage. Yes. All I can hear is squeak squeak squeak of the springs. The instructions which came with my daughter's state this. He does have allstate and said he'd be calling them this morning with my car estimate. During the recent high winds, our trampoline broke free, somersaulted our 6ft fence and damaged a nearby neighbour's vehicle. Distinguished: An excellent rating for a lawyer with some experience. If there's a disagreement as to who is responsible for repairing a fence, again the deeds should help. Sign up for a new account in our community. On April 5, out town had a bit of wind which caused my neighbors trampoline to blow over and on top of mine & my neighbor's cars. For instance, if water has leaked through your ceiling from your neighbour's flat above you. The CAB may be able to help or point you in the right direction. Once it's been done you can report it to your local authority. in any case, if you're thinking of retaining the trampoline (if it is not damaged), or getting a new trampoline, then you should secure it to the ground to prevent such cases from occuring again. Does high spin washing machine damage clothes? California EDD: 7 On Your Side special investigation looks . It shouldn't really get to legallyshe should obviously apologise and pay for the damage caused. I would say it is probably unlikely that your neighbour's home insurance policy is going to cover a runaway trampoline. If it's just a few branches snapped it will probably be fine and recover in the spring. It was a small dent and some deep scratches, but they have to removed the quarter panel, repair, paint, and reinstall. of this site is subject to additional You are not liable for the damage to your neighbor's house because the storm is considered to be an act of God. Neighbors Trampoline Damaged Car Hi all, I have a question. They have a big garden and have put it right next to the fence where we have our table and chairs. If he still isn't willing to pay you can take him to small claims court. They said one of the holes went. User #258789 5881 posts. Multiple issue re: tenant, need help as to how to proceed. Gassing Station | Porsche General | Top of Page | What's New | My Stuff, 1998 to 2023 Pistonheads Holdco Limited, All Rights Reserved, PistonHeads is a registered trademark of CarGurus Ireland Limited, Pistonheads Holdco Limited, c/o Legalinx Limited, 3rd Floor, 207 Regent St, London W1B 3HH, United Kingdom. He is single-handedly ruining your property First, do nothing on your side of the fence to make matters worse. listings on the site are paid attorney advertisements. Didn't happen. Answer. As the Neighbor had Home and contents insurance with NRMA, it seemed as thoe the claim would be straight forward. Insurers report that some of the most common claims to homes and property are dislodged tiles or slates, windows broken by debris carried by high winds, and trees or branches brought down that have damaged property. The neighbor proceeded to a NRMA office to lodge the claim. have you discussed this issue with your neighbour? It caused a significant amount of damange. The law pertaining to dangling fruit is clear cut: what emanates from your side of the line is yours; what dangles over the fence from your neighbour's side is his or hers. They told me that they could not assist me and that I should contact the Insurance Law Center. (IN) Indiana resident. The trampoline was 15' in diameter and approximately 150 200 lbs. During violent storms my trampoline flew out of my garden causing substantial damage to a nearby parked car. Following your logic if I didn't apply my handbrake to my car and it rolled down a hill causing damage I wouldn't be responsible. So how well do you get on with your neighbour? Without knowing the answers to these questions and others, I can not say whether there is negligence or not, but the insurance agent can not either. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. lender requirement too i wouldve thought..particularly for IP/home, and generally for vehicles as well. Common Sense suggests otherwise At the time of the incident the neighbor also stated that if home and contents did not extend to the incident that he could claim he collided into my car with his. We had bad wind the night before last and our neighbor across the street had his trampoline blown into my yard and into my car and my neighbors car and house. ACCIDENTAL DAMAGE TO PROPERTY A Cumberland Lane resident reported at 11:39 p.m. March 5, their neighbor's trampoline had damaged the siding on their house. There are instances out there for house insurance paying out but thee are also instances out there where they will not. Trampoline was not staked down - I've never seen anyone stake down a trampoline since they are so heavy. Hi all, I have a question. You could always visit the Chamber Magistrate at your local court, for free advice, or, enquire about a Small Debts Summons from the court. James Morgan Chandler (Unclaimed Profile). You will need a written quote from a qualified vehicle repairer outlining the damage and amount sought in compensation, also photographs of the damage to your vehicle and the trampoline if you have them. I now have their insurance details so going to pass onto my insurance as (one of them) said they would do the legwork for me. It amazing how a thread can be side tracked. Killing the life insurance myths that hurt young families. Most laws are very general so as to include as many objects as possible. Trampoline was tucked in corner of garden, surrounded on three sides and weighted down with sandbags but the winds were freakishly strong that night. One of the residents in the street helped me tie the tramp to a tree before it could cause any further damage. There is also The handles are made of fabric and sized . Damage from neighbor's trampoline On a windy day last week, our neighbor's full size trampoline flew into our yard and landed against my wife's car parked in our driveway. A court or jury could find that your neighbor should have known that because the trampoline was not anchored, a wind could blow it away and cause damage. Please explain why you are flagging this content: * This will flag comments for moderators to take action. A friends leapt next doors fence so it was just obvious really. Damage is under $1000. Jc Dance Productions, Given that he was talking about insurance fraud i suggested that I was not willing to do so. The damage is probably just above his insurance deductible, so your neighbor won't want to report it. First of all you have nothing to prove the fact that he actually did it. This is also the same for leaks coming from your neighbour's property. Posted: Thu Mar 19, 2009 10:12 am Post Subject: Well, it might depend upon the volume of damage. And how about getting him to pay for the damage, perhaps by me suing in small claims court? my trampoline blew over next doors garden? 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