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[amba]

Hi Guys.
Need some advise on best way forward with this please.
During the night my neighbours wall has collapsed in the wind and has come crashing down onto my car.Looking at the extent of the damage...roof/bonnet/rear wind /both passenger side doors it looks like its beyond repair.
Spoke to her first thing this morning and told her she needs to speak to her insurance company to let them know what has happened,as she is quite a reasonable person.
Question is do I let me insurance company know ?
Car is damaged through no fault of mine so do I tell my car insurance company ?
Do I tell my household insurance company ??
Or do I wait for her to let me know .
At present I am unable to go to prebooked jobs today so have that financial loss too.
Guidance on correct path of action appreciated.

[New POD]

It may be that her insurer decides there's no need for a pay out. If an act of god (very strong winds) means that a perfectly sound wall falls down.
They'll pay to rebuild her wall though.
I might be wrong. You'll  have to prove that she ignored warnings about the state of the wall.  Probably. Start the day cynical. That me.

[amba]

So repairs to wall aside what would be the position with my car ?
Do I claim off her for the inevitable write-off...or should I contact my car insurance company and let them know ??

[amba]

Also who and how do I go about getting the tonnes of rubble cleared from my driveway and removed

[Migv6 le Frog Fan]

Its her wall, she is liable regardless of whether or not her insurance company pays out.
I think, technically your supposed to inform your car insurance company of any incidents or claims, but in your circumstances I wouldnt.
It may well be used as an excuse to up your premiums and you will have to give details every time you take out insurance in the next five years.

Very sorry to hear about the car btw. I now youve put a lot of time, effort and money into it. Must be heartbreaking for something like this to happen to it. 

I think I would get prices for good used replacement panels, price to replace rear window, and to repair the roof. Then inform your neighbour she owes you that amount.
If she wont pay, might it be possible to claim the amount from your own house insurance ? 

[biggriffin]

Her wall, her insurance... Do not tell your insurance company as they will class it as an incidental,and this increases your risk..
 Basically your claiming of her, and you will need to fight for every penny,and insist the car is returned to is pre-accident state,and don't let them remove the car until they have agreed to repair it.

[Rangie]

It's simple, you seek the indemnity her insurance provides, that is to put your vehicle in the condition it was in before the incident, stick to your guns with this.

[Sir Tigger KC]

As above.  Take loads of photos before anything is cleared up.

[amba]

Cheers guys for good advise.

Yes Albs Im gutted and feel really upset..only put 2 brand new front tyres on Friday at £240 with alignment.

Its quite a mess and expect repairs will be several K if it can be fixed.Back rear door roof pillar has a piece of concrete capping resting on it so fully expect that to be buckled..front passenger wing and bonnet dented and both passenger side door well scuffed ,let along the 2ft piece of roof caping that has gone through the passenger front glass and is buried into the leather seat.Gutted isnt the word I am using at present.

So should I wait for her to let me know what her insurance company are doing.... and not inform either my own house or car insurers.

Need the driveway clear though as looks like a rubble yard.....and cant go to work either

[amba]

My neighbour has just come around with his insurance details and has said he has spoken to them and they will be sending an assessor out during the day.

He has said his insurance company..British Gas ...have said that I need to contact my car insurance company and claim through them ?...does this seem correct or are they passing the buck

[Jimbob]

Thats one hell of a piece of bad luck

iirc TB's neighbours all had to claim off their own insurance when his garage rained down on them

[amba]

Seems abit of a mine field as who to contact and who to claim from.....dont want to "pull the trigger" with either of my insurance companies yet so need to gather as much advise as possible first...will see what the assessor from their insurance company says first though......trouble is Im loosing money not working too and need transport to work so real fek..in mess

[Nick W]

That's bad news.


As an insurance claim, the car is an instant write off even if they accept it was worth top market value. That's simply down to the cost of repair, no assessor needed.


You do need an assessor to visit ASAP so you can speak to him about the claim and how to proceed. The most important part is to know they'll cover the cost of getting you back to work now that you're denied an essential tool(which is all a car is), and to get that underway. After all, you could rent a car now and cover your afternoon appointments, but that won't be cheap. Lost earnings are also part of that, as is clearing the wreckage off your drive.


I would hold off contacting your insurers until you know how the neighbours are going to proceed, even though you will probably have to.


Once the claim is underway, as a last resort it sounds like you could put the car back into use with a new window

[GrahamK]

I'm so sorry to hear that. Of all the challenges of keeping an older car on the road!!

Firstly, I wouldn't mention it to your car insurance at the moment, either. If all else goes to shit, that might be your last option.

Following an incident many years ago, below is the legal advice I was given.

Home insurance usually has a Public liability element. (Ridge tile falling through next doors conservatory roof etc, walls collapsing, er ahem)

The most important thing is to establish your neighbours liability. Make a case that it is her wall. Look at your deeds that indicate which fences/walls are maintained by whom. Even better if she has had this wall built herself. (We don't know if this wall is a garden wall, part of her house etc.)
Once it is as clear as it can be that the wall is hers, put it in writing to her that you consider her (personally) liable for the damage to your vehicle and the clearance of the site. Tell her you are preparing quotes for the repair of the car. A good idea to start the ball rolling on that right away.
Go for her throat and make it sound scary. Put the evidence that it is her wall and her responsibility in the letter. I know you consider your neighbour reasonable and that is great, but she will not be making the decision on whether or how much to pay. The people who will eat polite guys for lunch. If it was me, when I hand her the letter, (addressed to her) I would apologise for the tone and simply say, I don't know who your insurance company is, so this comes to you in the first instance. (It is so easy to forget that despite insurance and the idea that direct line etc will sort it out, it is us that are liable. If she is not insured, your can sue her for the damages.(Hopefully it won't come to that.)

What is likely to happen is she will speak to her insurance company and they will then communicate with you. Then the negotiation begins.

As has been said above, take lots of pictures of the car in a damaged state and sort out some ones of it looking at its best. Gather together copies of work done, monies spent etc.

Because this is a public liability claim, I'm not sure if the concept of an item being "written off" is in play. I know for Car insurance it is, but stop to think about it that is a pretty disgusting concept.
I think I would be taking the tack that it is a modern Classic car that is not easy to replace and should be returned to its previous condition.

Finally, this is a stressful process and sounds like it is effecting your ability to work. Not surprising perhaps that some people decide to let it run its course, then take the cash settlement. That is your call.

Good luck.

[Sir Tigger KC]

Do you have rental car option on your car insurance?  If so that's an option that'll get you mobile again.   

What about legal assistance on either your car or house insurance?  If so that might be worth calling on to help you through the minefield.

I was offered free legal cover on a motorbike insurance policy years ago which I took, and it was invaluable when I had a non fault accident that year.  The firm of solicitors certainly knew their stuff and sorted out the other parties insurance co when they tried to avoid paying me.