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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69531
Experience:  Over 5 years in practice
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Last week, Wednesday 12th February, three tiles were

Resolved Question:

Last week, Wednesday 12th February, three tiles were blown off my roof during the violent storm (Met Office Red Wind Alert). One of these tiles damaged my neighbour's car. My insurance company says my buildings policy does not cover such damage. The neighbour has claimed on his car insurance but is expecting me to pay his excess charge. Am I legally liable to do so?

My house is in a good state of repair and it was the worst storm in living memory that caused the roof damage.

Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

Were any other tiles blown from other roofs?
Customer: replied 2 years ago.

Only the three tiles. One damaged my neighbour's car. One damaged my car, for which I am paying. The third landed safely.

Expert:  Jo C. replied 2 years ago.
Ok.

But do you know if it affected any other houses or just yours?
Customer: replied 2 years ago.

Several other houses in the near area where similarly affected, including my neighbour's. However, it was the tile from my house that damaged his car.

Expert:  Jo C. replied 2 years ago.
You mean that they all had tiles blown off in the winds?
Customer: replied 2 years ago.

Yes. All had tiles blown off. Though most other houses were unaffected.

Expert:  Jo C. replied 2 years ago.

Thanks for the information.

You could refuse to pay and invite them to sue on the basis essentially that this was an Act of God.

Obviously the wind was an act of God. The weather is never within the control of any of us. Sometimes damage is not caused by the act of God though but by the affect of the act of God upon something that was badly maintained. So, for instance, a tree that was already loose might be affected by the wind but there is still liability because it would have been avoided if the tree had been better maintained.

In this particular situation though, thats not really your position. The roof was well maintained and anyway you say that other houses were affected so that supports your position.

Overall, personally I would fight this.

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

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69531
Experience: Over 5 years in practice
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