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public liability insurance defence

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  • public liability insurance defence

    hi, hope someone can help me.
    In brief I have a neighbour from Hell.
    When I moved to my property there was no fence at the end of the garden which backed on the side of his drive and the side of his house And garage.
    We approached neighbour out of courtesy to let him know we would be putting a fence there at some point. We have a four year old and a dog so needed a fence . We didn't expect money.
    At this point neighbour becomes abusive . Accuses us of stealing 3 feet of his land and also the neighbour next door of the same . we go away to look at the deeds and plans ect and it becomes clear this is not the case . Before we have chance to speak to him again he appears in our garden errecting a chicken wire style fence quite clearly few feet in to my small garden.
    I go out he is abusive . This goes on for a while . At one point he reports us to the anti social behaviour officer who visited me and quickly found out the truth( he had also been abusive to the elderly widow living next door to ke and had taken to removing her fence panels and refusing to let a tradesman fix them saying he preferred no fence ) . in the end it was he who got a warning .
    he decided he could come in my garden whenever he liked and also store any old bits of rubbish at the end of my garden . Old gates Ect.
    I didn't feel comfortable going in my garden and my four year old was terrified as at one point he ran towards her growling with his arms In the air.
    We looked at going down the legal boundary dispute road but we coulent afford to.
    We arranged to have a concrete fence erected along the rightful boundary .
    it just so happens he was on holiday at the time this wasn't planned !
    I emailed the police officer and the man from the council to let them know what we were doing. We also posted a letter through the door after it had been done .
    We took all the rubbish from our garden and placed in on his drive. Along with some branches from his leylandaiis which were encroaching . We were told we had to return them.
    We didn't damage anything .
    Upon returning he called the police . He said we had damaged his car his garage his gate a plantpot and his wife had tripped over the branches.
    he said we have pushed branches under his car when actually his car was at the other end of the drive. He also must have moved the sensor of his security light and pointed out to the policeman why it was dark.
    He claims his wife was putting rubbish out at 12am and tripped .
    basically he staged this accident as he says the branches were left outside his door .
    Anyway we hear nothing for 13 months and now w. Receive a lettter the wife is suing us for personal injury soft tissue damage psychological injuries .
    We have legal cover we rang them they will only cover if We reported the incident straight away .
    What i need to know is , although the police man mentioned that she tripped he didn't say she had received any injuries. The policeman just kept trying to get me to say anything that happned was accidental. Therefore should we still have informed the insurance company ? We had no idea she was going to sue us
    We are not sure what will happen if we can't

    get the insurance to pay.
    Any ideas ?
    Tags: None

  • #2
    Re: public liability insurance defence

    Hi Welcome to LB,

    Who is the letter from?
    Is this a claim form from the court or a solicitors letter?
    Yes inform the insurance company.
    Was all the " rubbish" clearly the property of the neighbour?

    nem

    Comment


    • #3
      Re: public liability insurance defence

      So are you asking your legal cover to help you defend the claim ? Is this legal cover through your household insurance ?

      It sounds to me like they have had a call from a personal injury company and have decided to try it on. There would need to be evidence of the injuries and that if she does have any injuries they would have to be related to that '''accident'''
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: public liability insurance defence

        Originally posted by nemesis45 View Post
        Hi Welcome to LB,

        Who is the letter from?
        Is this a claim form from the court or a solicitors letter?
        Yes inform the insurance company.
        Was all the " rubbish" clearly the property of the neighbour?

        nem
        The Letter is from their solicitors. All of the rubbish clearly belonged to the neighbour he would come out and put it there it in front of me .

        Comment


        • #5
          Re: public liability insurance defence

          Yes we want our insurance company to cover the claim. It is through our home insurance we took the optional legal protection.
          he is the sort of person who will have instigated the claim himself .
          He is on the phone to the council or police at every opportunity complaining about us and other neighbours .
          the man from the council said he once said to him about the boundary dispute " it doesn't matter who is right it's who has the most money that wins "
          We are a young couple they are retired and he says insured for millions

          Comment


          • #6
            Re: public liability insurance defence

            does anyone know if we should have informed the insurance company about this fall when it happens . We weren't aware of any reported injuries but the solicitors letter claims she went to the doctors a few days later and also has photographs.

            Comment


            • #7
              Re: public liability insurance defence

              If there were no injuries reported I don't see how you could have.

              Are you not defending the claim ?

              Who is your insurer - you need to check the terms of the policy.
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #8
                Re: public liability insurance defence

                We have made a call to the Insurance through esure. They want us to confirm we didn't know about the injury when it happened .
                We didn't but we were made aware by the policeman that she said she had tripped . We haven't responded to our insurance companies question yet we are worried they won't cover us .
                We are hoping to defend the claim . I don't have a policy booklet I have to request one which I will be doing

                Comment


                • #9
                  Re: public liability insurance defence

                  We have made a call to the Insurance through esure. They want us to confirm we didn't know about the injury when it happened .
                  We didn't but we were made aware by the policeman that she said she had tripped . We haven't responded to our insurance companies question yet we are worried they won't cover us .
                  We are hoping to defend the claim . I don't have a policy booklet I have to request one which I will be doing

                  Comment


                  • #10
                    Re: public liability insurance defence

                    Have you changed you insurance company between the alleged accident and the claim 12 months later?
                    If not there should be no problems with your insurers dealing with this matter under the public Liability section.
                    You advise your insurers of the claim against you as soon as you are aware of the claim,or have good reason to think there will be a claim. (Same as if you're involved in a car accident, tell your insurers immediately). As an earlier post said, if you didn't know there was an injury or incident that was likely to lead to a claim(a simple trip is not an injury), you can't make a claim.
                    Other than to acknowledge receipt of the claim from the other party, do nothing. Pass all correspondence directly to the insurers. This is not a situation where you utilise the "legal cover", this is a straight PL claim.

                    Comment


                    • #11
                      Re: public liability insurance defence

                      does anyone know if we should have informed the insurance company about this fall when it happens . We weren't aware of any reported injuries but the solicitors letter claims she went to the doctors a few days later and also has photographs.

                      Comment


                      • #12
                        Re: public liability insurance defence

                        If no claim had been made against you, and you were unaware that your neighbour had suffered an injury from a "trip", there would be no reason to notify your public liability insurers

                        Comment


                        • #13
                          Re: public liability insurance defence

                          Thank you for your response . I haven't changed insurer as I was half expecting a claim over the boundary . Hopefully they should cover us then and we will let them know we were aware of the trip but no injury . It's all made up. They even went to the trouble of moving the security light sensor. I expect she has inflicted some sort of injury on herself and then gone to the doctors .

                          Comment

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