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Hello, thanks for your question. My name is***** can answer this for you.
What is it that you be claiming for specifically? Are you talking about the generator costs?
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.
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.
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.
His insurers may take a "commercial view" on whether to resolve the small claim with you.
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.
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