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UK, Paralegal
Category: UK Law
Satisfied Customers: 1903
Experience:  Paralegal
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I have damage to my car bonnet from a roof tile from my neighbours

Customer Question

I have damage to my car bonnet from a roof tile from my neighbours roof. The proerty is a rental property and I have attempted to make a claim to recover my excess and care hire costs from my neighbours public liability insurance company (NIG) My car insurance is also with NIG and they are reluctant to press the matter as they will not take themselves to court!
I have several pieces of evidence proving fault with my neighbour.
!. My neighbours roof tile that fell (i have it in my posession) is a different colour to my roof tile.
2. Photographic evidence of their roof tile missing.
3. Independant assessment by a registered roofing company supporting the evidence that the tile came from my neighbours roof.
4. Weather report of the evening in question proving this is not storm damage or high winds.
How do I get my neighbour to admit liability without having to take tham to small claims court or do I have no option?
Thank you
Submitted: 7 years ago.
Category: UK Law
Expert:  UK replied 7 years ago.

You have two choices. Either you get your neighbour to pay the money themself which is unlikely, or you take your neighbour to Court. In reality this will not happen as your neighbour will pass proceedings on to NIG.

If he refuses to pay, just have a word and say I have to issue proceedings against you (as it is his responsibility) but you should just forward these to your insurance company. You should include all losses that you have incurred as a result.


I am sure the insurance company will end up paying out very quickly.


Customer: replied 7 years ago.
Thanks for your answer. Can you clarify if I have enough evidence to pro e without doubt that they are responsible for the damage? How can they refuse liability with all the evidence I have?
Expert:  UK replied 7 years ago.

You do not need to provide beyond doubt in the County Court - only balance of probabilities. Was it more likely that not.