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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A van fire in an adjacent car park to my house caused my guttering

Resolved Question:

A van fire in an adjacent car park to my house caused my guttering to melt. The insurance company for the owners of the van will not reimburse me as the van fire was not predictable therefore they are not liable. I am confused - surely if I suffer damage,whether accidental or not I should not be out of pocket to put it right. It was £180 which is not a huge amount but I obviously don't understand insurance! Many thanks Kate
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What was the cause of the fire?
Customer: replied 2 years ago.

The fire brigade said it was electrical.The van was unattended at the time.

Expert:  Jo C. replied 2 years ago.
Have they used the phrase that this was an Act of God?
Customer: replied 2 years ago.

No. The company just said the van fire could not be predicted therefore they were not liable.

Expert:  Jo C. replied 2 years ago.
OK.
I'm not sure this is really my area then but I will try to find you somebody who can help.
Customer: replied 2 years ago.

That's fine thank you.

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
You need to write and set out your losses and request the cost of repair/replacement within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court. You issue proceedings against the van owner.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

I did wonder if that would be the way to go. Many thanks for your advice with this, Kind regards, Kate

Expert:  Ash replied 2 years ago.
Good luck Kate!
If this answers your question could I invite you rate my answer before you leave today.
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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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