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Who settles for 'Acts of God'?

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  • Who settles for 'Acts of God'?

    Hi there.¬* I just thought I'd drop by on behalf of a colleague at work, who's got himself into a bit of a stew over a settling up for an 'Act of God'.¬* Last weekend, during Storm Ciara, one of his fencing panels got ripped up by the wind and it landed on the roof of his neighbour's car, causing a couple of dents and some scratched paint.¬* Naturally, because it was an Act of God, the insurers won't cover it.¬* My colleague kindly offered, therefore, to settle up the repair bill privately.¬* He said he expected it to be a few hundred pounds. The car, though, is an 18-month-old BMW - and the neighbour is insisting that BMW do the work... so 'a few hundred pounds' is a very optimistic estimate.¬* I've said that it's more likely to be a few thousand, so my colleague is now understandably distraught.¬* He doesn't have that kind of money, and is at his wits' end.¬* The neighbour still hasn't had the work estimated, so my colleague is now sweating on the bad news.¬* The thing is, the neighbour has accepted the verbal offer of payment for the repair and is insisting on going ahead - quite understandably.¬* My colleague has said that if it's too much, he'll try to negotiate - but he doesn't hold out much hope.¬* I can't see that he has a leg to stand on, really.¬* I wondered if anyone else has been through something similar and has any advice to offer, please.¬* I can see it ending in court, personally.¬* As far as I can gather from my colleague, his fence was in a good state of repair, so it wasn't as if there was any negligence on his part.¬*
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  • #2
    Does he expect the neighbour to pay? If the neighbour tries his insurance they may pay but will claim of your friend this if not sorted can go legal more expense¬* he needs to reach an agreement soon

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    • #3
      If your friend was not negligent he is not liable for the cost of repairs.

      An offer can be withdrawn at anytime as long as the offeree is informed, so tell your friend to let his neighbour know the offer is withdrawn.
      If he wants, he could then make an offer limited to a specific amount, but do it in writing with the caveat that it is not an admission of liability

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      • #4
        Originally posted by des8 View Post
        If your friend was not negligent he is not liable for the cost of repairs.

        An offer can be withdrawn at anytime as long as the offeree is informed, so tell your friend to let his neighbour know the offer is withdrawn.
        If he wants, he could then make an offer limited to a specific amount, but do it in writing with the caveat that it is not an admission of liability
        So the car owner pays? wont his insurance if the pay chase the party whose fence it is

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        • #5
          The car insurers can chase, but if the fence was in good repair and damage was caused by storm the fence owner has no liability

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          • #6
            Many thanks for your replies.¬* Very helpful.¬* I'm grateful.

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