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Ask Ash Your Own Question

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good Evening, I would request assistance related to some

Customer Question

Good Evening,

I would request assistance related to some damage occurred on the night 23 to 24-th of December when an eucalyptus I had in my back garden has been overturned by wind from roots and fell into my neighbours garden affecting fences and destroying one shed.
I have contacted my home insurer next morning, they have confirmed receiving and coming back but they did not..
While working to clear my garden with the chainsaw one of the neighbours approached me and asked about when I intend to clear up his garden too.

Another neighbour has come and asked me to pay for his damaged shed otherwise he threatened with calling me to court.

When I suggested him to contact his insurer he said he is not insured as he is living in a council house???

I did repair alone our common fence though.

So far none of the neighbours has done anything to remove the tree or the damages. It is my intention to assist my neighbours with cutting the fallen tree once I am getting the spares for my broken down chainsaw

I do not feel comfortable with the situation but at the same time I don’t feel is fair that everyone expects me to sort out the issue with on my own.

Am I liable for the damage occurred and at what extent?

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Are you insured please?
JACUSTOMER-x2n57h9a- :

my home insurance is with Legal and General, yes!

JACUSTOMER-x2n57h9a- :

good evening, sorry

Alex Watts : Ok. Are the insurers sorting it out?
JACUSTOMER-x2n57h9a- :

no, they did not reply altough they have promissed to do so

Alex Watts : Ok. I would not worry about proceedings then.
Alex Watts : If your neighbour issues you would just pass this to the insurance company who would deal with this on your behalf.
Alex Watts : As long as you are covered then they will deal with any court proceedings.
Alex Watts : So you need not worry.
Alex Watts : Can I clarify anything for you about this today please?
Alex Watts : But are you liable for the damage - sadly yes because it came from your side.
JACUSTOMER-x2n57h9a- :

Yes, actually. I though tthat this is a bit simpler issue and I was told that more or less all affected parties shall deal with their own insurers to cover their claims/damages.

Alex Watts : If you are insured yes.
Alex Watts : Although your are liable your insurer would be sorting it
Alex Watts : So if your neighbour has cause to complain he needs to get onto his insurance who will get onto your insurance.
JACUSTOMER-x2n57h9a- :

meanwhile I would like to know how muchI shall personally involve or respond to muy neighbours requestes , especially taht as I have earlier mentioned some of them become verballyaggrssive aor they asking em to carry otu various activities as it is my responsibility

JACUSTOMER-x2n57h9a- :

how about the neighbour who said that being in a council house his shed is not coverd by insurance as he actually is not insured (personaly)

Alex Watts : Just ask him to speak with his insurers.
Alex Watts : Dont get into any discussion.
Alex Watts : His insurers must speak to yours.
Alex Watts : That is how it works.
Alex Watts : You say nothing else.
Alex Watts : Does that help?
JACUSTOMER-x2n57h9a- :

right, I thought the same for instance. I will insist to get a reply form my insurer

Alex Watts : Well if your Neighbour is pressuring you, he needs to call his own insurance.
Alex Watts : Can I clarify anything for you?
JACUSTOMER-x2n57h9a- :

I have just explained in my statement and a bit earlier that he says he is not insured as he lives in a council house

Alex Watts : Ok. Then he needs to speak to the council and the council speak to your insurers.
Alex Watts : Does that help?
JACUSTOMER-x2n57h9a- :

I don't really think it helps. My guess is that council is the owner of the building but not the owner of the goods which I think is the case of the shed too.

JACUSTOMER-x2n57h9a- :

I was talking about the damge to a shed, right? and the shed is the tenant property. the tenant is not isured...

Alex Watts : Yes I was talking about that too.
Alex Watts : In any event that tenant with any dispute needs to contact the council.
Alex Watts : Their point of contact is the contact and no one else, not even you.
Alex Watts : Can I clarify anything for you about this today please?
Alex Watts :

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