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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Two days ago, tile fell off my landlord´s roof and smashed

Resolved Question:

Two days ago, a cement tile fell off my landlord´s roof and smashed the windscreen/dented the roof of my car, underneath. I have had to put in a claim with my car insurance, who will in turn try to claim it from his property insurance (although my insurers state that the landlord´s ones will almost certainly claim it´s "An Act of God", due to recent weather conditions).


 


However, in the process the claim now appears against my name at my insurers/the inconvenience caused is considerable (and my insurers are trying to declare my car a write-off on account of its being 7 years old, though it drives perfectly well and is in good overall condition)/the Landlord seems to have washed his hands of all responsibility.. Any angles, please?

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 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 : What is it you want, the car repaired please?
Customer:

Hi, Alex. I'm not sure which stage of the process we´re at! Yes, I want my car repaired but I don´t think it fair that I'm going to be forced to put in a claim and lose my no-claims bonus at my car insurers, as a result! Ryland s v Fletcher applies, perhaps? More likely, more recent precedents - my Law is from 40 years ago

Alex Watts : Obviously things have moved on a little! However there is no such thing in legal terms as a Act of God, this is an insurance term.
Alex Watts : Even if your insurance does pay out - they should claim it from his insurance / him
Alex Watts : This is because the damage was caused by something belonging to him.
Alex Watts : So whilst you do need to claim against your insurance, your insurers should seek to recover that cost. At that point your bonus would be reinstated.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Well, at least that gives me some peace of mind. I´ll soldier on. Thanks for the objective overview.

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