How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I am claiming damages to my car from my landlords public liability

Resolved Question:

I am claiming damages to my car from my landlords public liability insurance but they are saying the car is not economical to repair so are offering me the value with a deduction for salvage Cat C. Can they do this as am not claiming through my car insurance? Would this effect my current car insurance policy as I have not made a claim and would I need to declare this as an accident for the next 5 years?

I am also claiming for negligence of the social landlord, as the tree that damage my car was diseased and no risk assessment was done by landlord. The tree caused extensive damage and was located in car park. I pay a separate services fee in addition to my rent and the gardening of the land surrounding property is included in this fee. I have asked for the tree maintenance checks etc but to date they have not responded to any claims I have made to insurance company or landlord. I feel like they are just fobbing me off.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is XXXXX XXXXX 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 keeping the car please?
Customer:

Yes I will be keeping car as the damage has just affected the body work but this is the most expensive thing to repair on the car. The car is not expensive but I only bought it last year.

Alex Watts : Is the salvage value a fair price for it?
Customer:

The car was valued at £1,500. and they are settling for £1,200. What I really need to know is will this affect my current car insurance as I don't want to lose my NCB as I will be losing doubly through no fault of my own. I do not want my car insurance premiums to rise - is the damage claim relating to car insurance or a claim against damage to the vehicle through neglect from the landlord and their public liability insurance?

Alex Watts :

No, it wont as you are not making a claim.

Alex Watts :

But they are entitled to deduct salvage.

Alex Watts :

This is because if they pay the full replacement price then you are driving around in a car for free, which can't be right

Alex Watts :

You are only entitled to your loss, which in this case is the difference between the price before it was damaged and the price after less what it is worth

Alex Watts :

Therefore deduction of salvage value is ok

Alex Watts :

But you wont use no claims

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Ok, that means I have to accept their offer. Do I tell my current insurance company of this or when I next renew.

Customer:

If you could clarify about the negligence claim I would be grateful. I have done a lot of research and feel I have a strong case for compensation but the insurance company are ignoring these points in all my correspondence apart from saying they admit liability for the damage to the car. They are willing to settle for the damages for the car but are not saying anything about the negligence which I feel is paramount. If I settle for the damages for the car where liability has been stated, am I forfeited my right to claim compensation for the full extent of my claim? The landlord has not produced any arboriculture reports or risk assessments even though the tree was large, over 20 years old and in a open space (car park).

Alex Watts : You do not need to tell the insurance company.
Alex Watts : As for negligence you can only claim if you have suffered a loss.
Alex Watts : Your loss is the car and you will be paid for that.
Alex Watts : If you have suffered no other loss or I
Alex Watts : Injury then there is no remaining claim as it had been sataified.
Alex Watts : Can I clarify anything for you about this please?
Customer:

So the landlord is not responsible for not completing work they were commissioned to do? Surely they have broken a contract for services not delivered? Would this mean I can make a complaint directly to the landlord and the insurance company are no longer involved in this aspect of my complaint.

Alex Watts : Yes, your contract is with the landlord so you have a claim against him. But again you need to have suffered a loss
Alex Watts : Does this help?
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions