Neighbours shunted through my fence… insurance woes!

Neighbours shunted through my fence… insurance woes!

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Discussion

karl_h

Original Poster:

223 posts

194 months

Friday 31st January
quotequote all
Hi All,

I had the pleasure of being greeted by my neighbours on Thursday morning very apologetically telling me that somehow their car was through my fence!
It was all a bit odd, very little damage to the car but it had gone up a curb, square in to a fence post and knocked it over, 2 panels done etc… cut a long story short despite suspicions of foul play on their part it turns out it was in fact a hit and run by an unknown 3rd party in the early hours of Thursday morning.
I wasn’t too concerned at the time, surely a simple case of your car is in my garden regardless of how it got there, your insurance has third party liability cover so fence will get paid for.

Until today, when the neighbours got in contact (they’ve been excellent trying to get things moving, no complaints there) to say that because it’s an unidentified third party that pushed the car through the fence, I would need to claim on my own house insurance??

Surely this can’t be right? Anyone been in a similar situation or have any advice?

Thanks.

Aretnap

1,844 posts

165 months

Friday 31st January
quotequote all
Liability lies with the negligent party, which sounds like the (unidentified) hit and run driver.

If you think your neighbour is liable, what do you think they should have done differently to prevent the damage?

Afraid it's down to you to claim on your own home insurance here, unless you can somehow identify the guilty party.

Added: I suppose the other possibility is that your neighbours have invented the hit and run story, and actually they either forgot to put the handbrake on, or they just drove into your fence. But if you want to claim from them, the onus is on you too prove that happened.

Edited by Aretnap on Friday 31st January 19:34

BertBert

20,292 posts

225 months

Friday 31st January
quotequote all
Not quite sure I understand the sequence of events, but the answer is likely very simple. If your neighours were not negligent then it's not their liability. And then you'd claim on any suitable house insurance you have or pay yourself.

karl_h

Original Poster:

223 posts

194 months

Friday 31st January
quotequote all
Ok sounds pretty straight forward then. Not sure I agree with how it’s working but if that’s how it is I’ll go and get my spade out.

MOMACC

494 posts

51 months

Friday 31st January
quotequote all
1 post
2 panels

Why are you arsing around with insurance?

Enut

929 posts

87 months

Friday 31st January
quotequote all
MOMACC said:
1 post
2 panels

Why are you arsing around with insurance?
This.

joshcowin

7,121 posts

190 months

Friday 31st January
quotequote all
Get a quote, ask neighbors to split the bill if not pay the bill and crack on.

Life really is too short for this stuff

QuickQuack

2,477 posts

115 months

Friday 31st January
quotequote all
If car A hits car B which goes through the fence of property C, the liability rests with the driver of car A and it's their insurer's responsibility. If the driver of car A scarpers from the scene, and there's no way of identifying them, owner of car B and property C have to either take it on the chin or claim off their own insurance; owner of car B is not liable for the damage to property C. However, if it becomes apparent that car A didn't exist and driver/owner of car B caused it to crash into property C's fence, that's when liability becomes an issue.

In any case, if the damage is minimal, the parties always have the option of dealing with it themselves. This might be applicable in your case too.

48k

15,063 posts

162 months

Friday 31st January
quotequote all
karl_h said:
very little damage to the car.
How much damage to the rear of the car where it was shunted from behind in to your fence ?

Tisy

602 posts

6 months

Friday 31st January
quotequote all
48k said:
karl_h said:
very little damage to the car.
How much damage to the rear of the car where it was shunted from behind in to your fence ?
This ^. And was their car parked in such a position where a random car off the road outside could have punted it through your fence? Where did this happen? Was it on the road outside, or was their car parked up their driveway to their house? If the latter, then there will likely be tyre tracks across the lane, and hole in their front hedge (for example).

Is their car an automatic? If so, then you probably have the answer to the above without needing to do any further investigation, but proving it will be impossible unless your have cctv footage or an independent neighbour witness etc.

kestral

1,944 posts

221 months

Friday 31st January
quotequote all
karl_h said:
Hi All,

I had the pleasure of being greeted by my neighbours on Thursday morning very apologetically telling me that somehow their car was through my fence!
It was all a bit odd, very little damage to the car but it had gone up a curb, square in to a fence post and knocked it over, 2 panels done etc… cut a long story short despite suspicions of foul play on their part it turns out it was in fact a hit and run by an unknown 3rd party in the early hours of Thursday morning.
I wasn’t too concerned at the time, surely a simple case of your car is in my garden regardless of how it got there, your insurance has third party liability cover so fence will get paid for.

Until today, when the neighbours got in contact (they’ve been excellent trying to get things moving, no complaints there) to say that because it’s an unidentified third party that pushed the car through the fence, I would need to claim on my own house insurance??

Surely this can’t be right? Anyone been in a similar situation or have any advice?

Thanks.
Are you satisfied that you are being told the truth about the unidentified third party?

karl_h

Original Poster:

223 posts

194 months

Friday 31st January
quotequote all
Thanks all, as above I’ll crack on with fixing it. I wrongly assumed the public liability part of car insurance would cover it even if not at fault and their insurance would look to claim it back. Only reason I even entertained it was to avoid digging the old footing out.

Definitely confirmed as a hit and run by a couple of other neighbours but no details on the car sadly just heard noise and a car driving off at speed. But the lack of damage to the back of their car after it’s been punted 6ft, up a curb and straight in to a post is incredible, only smashed the rear glass

The Gauge

4,620 posts

27 months

Friday 31st January
quotequote all
Tell them you like the broken fence the way it is and you’re leaving it like that.

Their move.

Dingu

4,885 posts

44 months

Friday 31st January
quotequote all
The Gauge said:
Tell them you like the broken fence the way it is and you’re leaving it like that.

Their move.
Top way to end up in a dispute by being a tt.

GasEngineer

1,425 posts

76 months

Saturday 1st February
quotequote all
MOMACC said:
1 post
2 panels

Why are you arsing around with insurance?
Doesn't take long for PH to turn on the OP.

Someone will be along soon saying the OP is somehow to blame for having his fence knocked down.

E-bmw

10,961 posts

166 months

Saturday 1st February
quotequote all
GasEngineer said:
MOMACC said:
1 post
2 panels

Why are you arsing around with insurance?
Doesn't take long for PH to turn on the OP.

Someone will be along soon saying the OP is somehow to blame for having his fence knocked down.
I don't REALLY think that is "turning on the OP".

He is just saying (in a slightly short way) that it is time to forget about who is to blame as it will inevitably cause even more stress/issues, and just get it fixed.

ETA.

As in, he basically said what the poster below said next, which is in no way "turning on the OP".

Edited by E-bmw on Saturday 1st February 08:56

MitchT

16,698 posts

223 months

Saturday 1st February
quotequote all
I assume the neighbour's car is damaged in two places - where it was hit by the errant vehicle and where it contacted the fence. If so then they really shouldn't be on the hook for the fence as it's not their fault and they've got the more miserable issue of a car claim to deal with anyway.

If the damage to the fence is as described then you could fix it yourself in less time than you'd spend listening to hold music if you were to ring your insurer. I helped my dad put up a 14m post and panel fence when I was in my early teens. I'm 50 now. It still looks like new.

megaphone

11,205 posts

265 months

Saturday 1st February
quotequote all
OP check you policy before your claim, often fences and sheds are not covered.

As others have mentioned, not worth it anyway for a post and two panels, the excess will be more than the cost of the parts.

stichill99

1,149 posts

195 months

Sunday 2nd February
quotequote all
Never underestimate how insurance are such sh*ts! I am having trouble with a delivery company who are refusing to pay for sorting my fence which he flattened 30 metres off and broke 6 wires. They tell me to claim off my insurance but why should I have to pay £250 excess and have my insurance go up next year for having a claim!

Dingu

4,885 posts

44 months

Sunday 2nd February
quotequote all
stichill99 said:
Never underestimate how insurance are such sh*ts! I am having trouble with a delivery company who are refusing to pay for sorting my fence which he flattened 30 metres off and broke 6 wires. They tell me to claim off my insurance but why should I have to pay £250 excess and have my insurance go up next year for having a claim!
That sucks but has no relevance to this thread.