Quick question for knowledgeable on here.
Last night a roof tile blew off the neighbours roof damaging their car and ours!
We live on a new build and the neighbours house is less than a year old.
Job 1 we have moved the cars, how do we proceed will
1) We both claim against the builder
2) We claim on our own insurance
3) we claim against the neighbours insurance
Thanks in advance as we have never had this type of issue before
The damage is to my wife's MX5 which is both dented and badly scratched, probably a new wing.
Steve
Builder's insurance will claim act of God - exceptional weather. I'd say advise your car insurance of neighbour's building insurance company and get the repairs done on your own insurance in the hope your company will be reimbursed by your neighbour's company. Of course depends on your car cover of course.
Thought that might be the case. Just waiting now to see what the neighbours are doing. Im reluctant to contact out motor insurance too early as it will black flag us even though its a no fault. I wonder if the neighbours home insurance will claim exceptional weather / act of God?
Ask your neighbour for their buildings cover details, and lodge a claim with them.
Inform your own car insurer when the neighbour's insurer replies positively.
The builders insurance can claim act of god (exceptional weather is highly unlikely to be an exclusion) all they like but it is not likely to be an exclusion on their policy, just as it isn’t an exclusion on most insurance policies.Originally Posted by Suds
Wether the builder is liable is a different thing.
It’s your neighbours insurance that should cover this. An act if god won’t be an exclusion.
I’d take photos of their roof with the missing tile just to be cautious and you probably should inform your insurance company straight away to be on the safe side.
Yep good advice because his car insurer will then liaise with the neighbours insurer to sort it out.
Firstly hanks to everyone for their input. It brightens up what started as a poor day.
The question I have is , if I contact our insurer wont we be hit with paying excess and potentially increased costs on both cars going forward?
I need to check my XS but if its sensible to get it repaired privately I would consider this. The neighbours car is also damaged and its their belief the builder will pay up for both. I dont share this optimism.
Really not clear on which way to proceed .
Steve
I really can’t see the builder admitting any liability, your neighbour will have to prove the roof was built sub par, that will involve independent assessment and cost them, this is just the sort of thing house insurance is for.
Cheers..
Jase
This ^^^^ as far as insurance companies go it's "an act of god".
"Once is happenstance. Twice is coincidence. The third time it's enemy action."
'Populism, the last refuge of a Tory scoundrel'.
Wise words Jason , just spoken to the neighbours and they believe their house insurance doesn't cover cars! Its looking more like contact our insurer and live with elevated premiums and just hope a “ named storm” doesn’t void any cover.
Steve
What a shame Steve, good luck. Your neighbour is still responsible though, it might be worth asking for their house insurance details anyway, it sounds harsh to suggest this, but how do you know their policy excludes car damage?
Cheers just done that and next step is ring our insurer. In the meantime our neighbour is struggling to get a roofer to repair their roof so we are A hoping no rain , B parking 150 m away :)
It will cover cars. It will cover any damage to property where the homeowner is liable. My house insistance has this section
“Liability protection for injuries or property damage
Protection for injuries or property damage (if you’re legally liable as the homeowner)”
That was what I was saying, and whatever the neighbour says, if he has buildings insurance the damage to the car will be covered as the neighbour is liable.
Example clause shown below
We will cover your legal liability to pay damages and claimants costs and expenses for:
• accidental bodily injury or illness;
• accidental loss of or damage to property which
happens during the period of insurance in the
United Kingdom, the Channel Islands and the Isle of Man (or another country which you are temporarily visiting) where your responsibility arises as shown below:
Where you are legally liable:
What is covered?
Does this cover apply to me?
1. as owner
Your Liability to the public
Your liability as owner (not as occupier) of the home (including the land belonging to it). Cover includes claims made against you, under Section 3 of the Defective Premises Act 1972 (or the defective Premises Northern Ireland Order 1975) for any former property owned and insured under this policy, for accidents happening during the period of insurance or up to seven years afterwards, provided they are not covered by any other insurance.
Indeed when claiming against your own policy but highly unlikely to be covered under the original builder's insurance.
Steve, not much help to you but I had a ridge tile dislodged on a new build after about 2-3 years ownership - the firm repaired it FOC within the week whilst they were passing (local firm) so worth your neighbour ringing if they are local.
Your neighbours house insurance should contain a public liability clause which is likely what your claim will be covered by.
This is the route I presumed you should take. Mightn't be the easiest conversation with your neighbours but if they are liable, they will need to cover the cost and their third party cover is there for that purpose. Note the 'if they are liable' - someone with legal insight might be able to throw light on this sort of incident.
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SFA to do with the builder unless his negligence can be proved ... it's storm damage ... claim on house insurance(s) and let the insurers sort it out between them ... or sort it out between yourselves without involving insurance companies. For the £damage involved is it really worth claiming on your insurances? Depending on the policy wordings the damage may or may not be covered by your motor insurance policies. Also check your motor policy to see if it covers ULR (Uninsured Loss Recovery). However, if the tile caused e.g. £250 damage to your car and you have a £250 excess it's not worth making a claim ... Might be worth considering taking it on the chin ... to avoid affecting no claims discount at renewal.
"Well they would say that ... wouldn't they!"
Thanks for ongoing input , I spoke to a local car paint company yesterday, he estimates £600 ish….Our XS is £150 so going down the car insurance route at present. No doubt our premiums will reflect the “ accident” for many years to come. Wife has protected no claims so hopefully that helps.
Watching the news last night with major home damage and three individuals losing their lives it frames our issue in a lower light.
Again thanks for all the input and wise words
Steve
Steve, why not claim against your neighbour's buildings insurance? Technically you should tell your car insurers (!) but even if you did they'd only be recording a no fault incident. Given it wasn't driving-related you might even avoid a premium increase.
Cheers Tony , I thought about this, but at a risk of getting fobbed off with insurance jargon from their insurer we have elected to go down the route of our insurer pursues their insurer as third party loss.
Another reason for this route is the missus is understandably upset her car has been damaged and I want to get it solved and boxed off asap.
If it means we have to bear a bit of short term cost , unfortunately thats it.
On a side note just been for a long walk around our area and the domestic and damage to tree’s is apparent everywhere, with some side roads still closed. We only had 60 mph, imagine what the 90/100 mph must be like!
What you don’t say is how well you get on with the neighbours, or how reasonable they are based on contact to date.
I’d be having an informal word with them first to gauge the lie of the land and see if they volunteer to make good. Obviously if they resist an amicable settlement there’s the route of letter before action followed by small claims action, at which point the likelihood of ever sharing pre-Christmas drinks with them is likely to be diminished to zero.
If they choose to refer the claim to their insurer that’s up to them but as I see it your claim should be against them.
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