Who's liable?

[Ethel Fruitcake]

Hi everyone. Is there anyone on here who can help with this conundrum? Our rooftiles flew off in the recent storm and damaged next door's vehicle parked on their drive. Our House Buildings insurers say we can't claim for that and he should claim on his own insurance, but he isn't going to as his premiums will go up and he'd lose his No Claims Bonus. We said we'd help with the cost of repairs out of our own pockets but the estimate given by a bodywork garage is over £1300. My partner thinks we should pay the whole amount, but I think the neighbour should claim on his own insurance and we'd pay the excess so he wasn't out of pocket. He's a great neighbour but I don't see why we should pay this much for something that wasn't our fault. Some advice would be a big help!

[atticus]

If you are not going to go down the proper route through insurers then it is a matter for you and your neighbour to discuss and agree. There is no right answer to this.

[PallasAthena]

I think the neighbour should claim on his own insurance and we'd pay the excess so he wasn't out of pocket.

Although isn't your neighbour's point that even if you did that he would still be out of pocket because of loss of NCD and possibly higher premiums? Effects that could could continue for several years into the future and be very hard in practice to quantify.

Your house buildings insurer are not being fully accurate with you. They are correct that you yourself can't claim on your policy but if you were legally liable for the damage to the neighbour's car they would have to respond under the building owners third party liability section of the policy.

However, from what you have posted it is not obvious that you are legally liable. Your roof would have to be examined by a qualified building surveyor to establish whether you were liable. As general rule of thumb if a storm blows tiles off a roof the home owner is not legally liable for the damage caused to third party property unless the home owner had been negligent. For eample, failing to maintain the roof, knowing that the tiles were loose or defective and doing nothing about it.

This one of many legal websites online that discuss this issue. Claims For Damage Caused By Falling Slates

So the question for you really is not so much a legal one but one of how much do you want to pay to preserve neighbourly good relations? If your roof is examined by a specialist and confirmed to have been in good condition and well maintained before the storm then it's likely your legal liability is zero.

[Ethel Fruitcake]

Thank you for your reply, Atticus.

[Ethel Fruitcake]

Thank you for your reply, Athena.

I don't believe we would be legally liable as the roof has been well-maintained so 3rd party liability would not be appropriate.

I take your point that the neighbour would suffer further financial penalties re his insurance as a result of making a claim over this, but isn't that a risk any of us takes when taking out insurance?

Having read your replies, I agree with both yourself and Atticus that paying for the whole of the repairs is probably more conducive to good relations with our neighbour.

Thank you again.