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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice
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I have suffered damage to my car from a neighbours roof tile

Resolved Question:

I have suffered damage to my car from a neighbours roof tile during high winds. Their insurance will not cover the damage and as I am a taxi driver i don't want my £2500 /yr premiums going up for claiming. Am I able to go to small claims court to get compensation for my £280 repairs for the massive dent in my car.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is there any suggestion that the neighbours knew about the loose tiles?
Customer: replied 3 years ago.

Unlikely they did know if any tiles were loose. There were three peak cap tiles at the end of the roof that came off. They were quite heavy and even with strong winds I would suggest that they must not have been secure to be lifted off. I don't know the legalities of whether they should have had a professional roof inspection at some point in the past.

Expert:  Jo C. replied 3 years ago.
Thanks.

To claim against them you have to show some form of negligence. The fact that the roof tiles that caused this damage are from their roof does not do that per se. Obviously it gives rise to an inference but no more than that. Given the high winds they could defend on the basis that they had no idea about this. That will really come down to whether or not there were roof tiles blowing off all over the place in that area or whether this was the only one.

This is a small claims court sum and you can always sue them personally. It is fair to say that its easier to get the money from your insurance company than from a lay person. You can do it though in the long run.

You can issue here

www.moneyclaim.gov.uk

But it might be worth sending them a letter before action giving them 28 days to pay in full as that might solve the situation entirely.

Hope this helps. Please let me know if you need more information.

Jo
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