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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Car lost control and ended up going through my front garden

Resolved Question:

Car lost control and ended up going through my front garden and ending up in the electricity sub station. causing all the emergency services to be involved.My insurance will cover property damage but since the accident on 29.12.14 because of the damage to the substation which luckily didn't explode we have had to be on a generator apart from low voltage the constant noise outside the front of our property is disturbing sleep etc and the generator broke down today leaving no electricity for 4 hours, this will be in place till at least 6.1.15 for new transformer. My question is can I make a personal claim against the drivers insurance.
Mrs B Hayhoe
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.
tdlawyer :

Hello, thanks for your question. My name is***** can answer this for you.

tdlawyer :

What is it that you be claiming for specifically? Are you talking about the generator costs?

Customer:

No its just the intrusion of constant drone of the generator 24 hours a day, the fact it causes disturbed sleep and power shortages and cuts through no fault of your own caused by the car my husband is in his eighties and is affecting the quality of life at the moment so just thought I would enquire.

tdlawyer :

Okay. I doubt that you would be able to claim for that. The reason is this. The law says that only "forseeable" losses can be recovered. This is a way of preventing anything and verything from being claimed for. The legal question would be, could the use of a noisey generator that leads to you suffering from a nuisance be reasonably forseeable as a consequence of the drivers loss of control of the car going through your garden etc. My gut feeling is that this would be considered not forseeable and hence not claimable.

tdlawyer :

You could try however and bring a small claim against him in the county court. This type of claim attracts no adverse costs consequences if you lose, although to keep that protection, you need to make sure the claimed sum is less than £10,000 and is specifically for the nuisance occassioned to you.

tdlawyer :

His insurers may take a "commercial view" on whether to resolve the small claim with you.

Customer:

I can see what you mean but the damage to the substation is a direct result of the impact of the car as stated by the National Grid people but thank you you have at least explained the position which basically is all I wanted. It might just be worth a phone call as I expect the other properties in the vicinity may also complain I appreciate your help.

tdlawyer :

You're very welcome. Please do remember to rate the answer for me before leaving the chat. Thanks again!

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