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sportsandclassic
Original Poster
3,524 posts
87 months
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Hi, I am after some advice please.
Whilst camping someones gazebo has come detached and damaged the side of my wifes car... To the sum of over £3000!
The couple have admitted that it was there gazebo and did not feel they should pay anything at all as it was outdoors and anything could of happened.
They wanted me to prove that it hit my car and damages were not alreeady there, I did get a witness who saw it fy into ur car who is independant.
They were very hostile and when they calmed down offered me £300 which I turned down as I did not know the extent of damages due to the car being wet from rain.
I got their details and sent an estimate with photographs of the gazebo. We had to remove it before we could show them as it was flapping around in the wind and they were not in their tents. We think they stayed somewhere that night as it was pouring down with rain and very windy. We actually took ours down at 2am just so something like this did not happen!
Where do I stand now as they have retracted the liability and say it was an act of god. I realise this but you should be held accountable for your actions... Should you or should you not ?
Have I got a case against them or not ?
Thank You.
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Dave Hedgehog
5,320 posts
73 months
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go through your insurance, they will contact their insurance and sort it out
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Chapppers
3,511 posts
60 months
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What, their gazebo insurance?
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sportsandclassic
Original Poster
3,524 posts
87 months
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What insurance could they have for this? I have already contacted my insurance company and they say it will be difficult to get them to pay. They would pursue the individual.
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sportsandclassic
Original Poster
3,524 posts
87 months
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On another point what if the gazebo had come through our tent and injured one of us or our 2 year old daughter?
Just seems morally wrong, if I did something like that I would have to do the correct thing and pay for any damages.
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VR46
289 posts
12 months
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Take them to the small claims court
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TwigtheWonderkid
6,046 posts
19 months
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Forget about talk of acts of god, no such thing in insurance and hasn't been for decades. It's an urban myth.
If they have house insurance, they will have cover for occuoiers liability. That's the damage they cause to other people (excluding whilst using their own motor vehicles) , usually whilst out and about. So there's every chance they do have insurance.
There is only one question to be answered here, were they negligent in their setting up and securing of the gazebo, or not. If not, then you have no claim. If so, then you do.
If you have comp insurance, get them to deal with it, and make sure you appoint an uninsured loss recovery firm to recover your excess. You're policy may provide that cover anyway.
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ralphrj
884 posts
60 months
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TwigtheWonderkid said: There is only one question to be answered here, were they negligent in their setting up and securing of the gazebo, or not. If not, then you have no claim. If so, then you do. ^^This^^ They (or their insurers) will only be liable if you can demonstrate that they had negligently erected their gazebo. The fact that it blew away in the wind is not conclusive evidence that they were negligent as it may have been blown over by a gust that was stronger than could reasonably have been foreseen.
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GranderTransit
144 posts
48 months
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sportsandclassic said: We think they stayed somewhere that night as it was pouring down with rain and very windy. Would this not contribute to their negligence? They felt the need to sleep somewhere other than in their tent as the conditions were not suitable for such? I would have thought it was also their responsibility to ensure their property was safe before leaving it. Unless of course they were evacuated due to an emergency weather situation. All just IMHO.
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sportsandclassic
Original Poster
3,524 posts
87 months
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ralphrj said: ^^This^^
They (or their insurers) will only be liable if you can demonstrate that they had negligently erected their gazebo.
The fact that it blew away in the wind is not conclusive evidence that they were negligent as it may have been blown over by a gust that was stronger than could reasonably have been foreseen. The campers next to them had a gazebo up and that was still standing in the morning. Will seek legal advice and log it with small claims court. Mike
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boobles
12,163 posts
84 months
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Were you on a campsite? Do they not have some kind of insurance in place?
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OldJohnnyYen
938 posts
18 months
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Dave Hedgehog said: go through your insurance, they will contact their insurance and sort it out 
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Chapppers
3,511 posts
60 months
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I didn't realise I had to have gazebo insurance. I'll get some quotes today.
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essayer
1,588 posts
63 months
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How do you know someone didn't untie it ?
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Mr GrimNasty
2,470 posts
39 months
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TwigtheWonderkid said: Forget about talk of acts of god, no such thing in insurance and hasn't been for decades. It's an urban myth. Oh dear, still wrong, you seem to not understand the difference between the use of a specific term and the use of the same concept itself when it comes to the issue of negligence and liability. OP, you have said it yourself, you were camping, you accepted willingly the risks of camping/being on a camp site, it was EXCEPTIONALLY windy, you have no comeback whatsoever against the camp site owner or the other party. It was an ACT OF GOD i.e. an unforeseeable event with no negligence involved. Take the £300 if you have no conscience and want to take advantage of their ignorance. Or put it to you insurers to deal with. And no, TwighttheWonderKID, I will not be entering into an argument on the matter, you are simply wrong, again.
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Prof Beard
6,541 posts
96 months
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I recall someone on here having their car damaged by a flying gazebo at the last (2007) Pistonfest at Snetterton (I was there and saw it) - don't recall any suggestion of liability then...
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AyBee
5,236 posts
71 months
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£3000 damage from a Gazebo? What on earth did it damage?
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JustinP1
10,274 posts
99 months
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Mr GrimNasty said: OP, you have said it yourself, you were camping, you accepted willingly the risks of camping/being on a camp site, it was EXCEPTIONALLY windy, you have no comeback whatsoever against the camp site owner or the other party. It was an ACT OF GOD i.e. an unforeseeable event with no negligence involved. I don't see it the same way - neither might a legal view on it. From what the OP had said the gazebo owner *knew* it was exceptionally windy and raining, therefore a reasonable person should know that in such situations they should not erect a gazebo or, take it down, otherwise it might blow away! Failing that, again with the knowledge that it was windy, it could also be seen that they negligently fixed the gazebo down. Finally, negligence could come into play that they knowingly left a movable structure in place, knowing that it could come lose, and work free, but chose to leave it up whilst they slept elsewhere. The key test for me is whether they could have foreseen this situation happening - and if it were me, that would be obvious that leaving it up in such conditions was a risk, and also that if it got free that there would be damage or injury to others. The OP has two options: 1) Follow up the claim himself - which might be a long process and see him in court in six months time arguing the above, or 2) Simply going through his insurance, and giving them the details as above and asking them to contact the gazebo owner to follow it up, and if he has legal cover, getting them to ask them for the insurance excess should they not pay the full sum.
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sportsandclassic
Original Poster
3,524 posts
87 months
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AyBee said: £3000 damage from a Gazebo? What on earth did it damage? A Porsche Cayenne. Unfortunatley the car has a GTS body kit (Factory) and uou need to remove these parts to paint the damaged panels.. well they are a use one only item like the door strips on outside they are stuck on that well that they get damaged whilst trying to remove them. The rear quarter glass needs to come out and that in its self is not 2 mins work as the rear interior has to be removed to get the trim panels out.. I am dissapointed that this is not clear cut as he has damaged my property and once again I could be left holding the bill which an insurance claim for me will mean a massive premium increase come renewal time.
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over_the_hill
1,553 posts
115 months
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Chapppers said: I didn't realise I had to have gazebo insurance. I'll get some quotes today. For all in tents and purposes you do (see what I did there)
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