Advice on a Neighbourly Matter Please

Islund on 17/03/2017 - 07:30

My go to people - I need some advice please.

6 weeks ago my neighbor's roof collapsed - he rang up his insurers and they sent their tradies around.

The tradies covered the roof with tarpaulin but the tarpaulin blew off the very same night; the pine securing the tarpaulin punching holes in my pergola.

I let my neighbor know and he in turn let his insurer know. However his claim for the roof collapsing has been declined due to 'wear and tear' hence his insurers do not even want to know about my damaged pergola.

So then, my neighbor decides to get his house demolished. The demolition company knocked over the colourbond fence between our 2 properties; damaging the panels and pushing the fencing into my wall leaving holes 2 days ago . I let the neighbor know - he does not even bother to look at the damage but just e-mails the demolition company.

Yesterday when I get home some of the fencing panels had been hammered back into shape (still warped though) and replaced - not a good look.

I rang up my insurers and they do not want to know about either event and my neighbor is being very coy about both incidents and I am stumped.

OzBargainers - what would you do if you were me?

Home & Garden

Comments

  • kipps on 17/03/2017 - 07:53
    -1

    All depends on this: How much to fix the damage?

  • [Deactivated] on 17/03/2017 - 07:55

    Your fence issue is minor.
    How much is the repair to the pergola?

    • Islund on 17/03/2017 - 08:05

      I would say around a $1,000

  • DarkOz on 17/03/2017 - 07:55
    -5

    I would call the Police and ask if they would respond to the damages done to your property. At least get an event number and take it from there.

    • oscargamer on 17/03/2017 - 08:42
      +1

      not a criminal matter, it's a civil one

      • DarkOz on 17/03/2017 - 09:35
        -5

        That's why I said "ask".

        • oscargamer on 17/03/2017 - 09:40
          +4

          you also said, "At least get an event number and take it from there."

          there will be no event number, as a report won't be taken, as it's civil not criminal

          wasting everyones time

        • DarkOz on 18/03/2017 - 07:51

          @oscargamer: That's if the Police agrees to respond. If they say no over the phone so be it.

  • Gronk on 17/03/2017 - 07:58
    +6

    Bikies…

  • chumlee on 17/03/2017 - 08:12
    +5

    Civil action for the pergola and wall if neighbour doesn't want to pay up.

    Neighbour also has to restore fence to same condition as prior if it was already in good shape

  • Youfah Mizzum on 17/03/2017 - 09:24
    +3

    Have a chat to the demo business. Be friendly, courteous & nice but be clear the fence needs to be put back to same condition it was in.
    If no luck after reminders a week or so apart then pursue via civil means if you could be bothered for such a small amount.

    As for the pergola, I think you're stuck there. I guess keep asking the neighbour to stump up & then pursue that matter also via civil court.

  • mr626 on 17/03/2017 - 09:55
    +6

    What I would do:

    -DO NOT hassle your neighbour, threaten them with civil action etc. Even though you might be technically within your rights to do this, they are your next door neighbour that you have to live with. Personally I go out of my way to keep my neighbours happy (they do the same for me). Makes for a really nice street to live in.

    -DO ask your neighbour for the contact details for the tradies and the construction company responsible for the damage. Explain that you want to chase them directly for the damage caused.

    -DO hassle the tradies, and the construction company. Be polite but firm, and be persistent.

    • [Deactivated] on 17/03/2017 - 10:04
      +1

      my neighbor is being very coy about both incidents

      neighbor isnt helping so threaten civil action.

      • mr626 on 17/03/2017 - 10:13
        +5

        Could the neighbour help more? Probably.

        But put yourself in the neighbour's shoes. They are dealing with having a whole house demolished and rebuilt, and all of the cost / stress that comes with it. And given that their insurance company has refused to help I imagine the whole situation is fairly stressful.

        Is the really best course of action for the OP, given the above, to threaten the neighbour with civil action over some comparatively minor stuff?. Talk about kicking a guy when he's down!

        Don't get me wrong- the OP should absolutely not have to pay anything to get the damage fixed. But chasing the neighbour over it isn't the best way to go about it. Unless you don't care about the relationship you have with your neighbour, in which case go nuts I guess.

        Edit: and railspider's point is a good one- why isn't OP's own insurance doing anything? That is their job!?

        • Islund on 17/03/2017 - 20:33

          Coles Insurance :((

  • railspider on 17/03/2017 - 10:03
    +20

    I'm surprised your insurer didn't want to help you with this?

    Surely they're the ones responsible for covering the costs of the damage, and in turn chasing up the neighbour/their insurer/the demo company/whoever to reimburse them.

    • ESEMCE on 17/03/2017 - 12:36

      Precisely..

    • apple2016 on 17/03/2017 - 13:52
      +1

      second this.
      This is why you have taken the insurance in the first place.
      Lodge a claim for the and get an acknowledgement and demand that they fix it. Its up to them if they want to follow up on the neighbor etc.

      • Scrooge McDuck on 18/03/2017 - 00:40

        Ah insurance; what a con!

        They make it so easy to give your money, but so hard to receive service. ¬_¬

        • Noblejoker on 18/03/2017 - 12:58

          depends on the insurer - some are low cost and now service
          others are not
          let me guess OP - Coles, Budget, Youi, or worst of all Comminsure?

  • roundnumbersonly on 17/03/2017 - 10:15
    +5

    Like the poster above me, I find it odd that your insurer doesn't want to hear anything about it. No point paying your premium if you're not going to use it.

  • JetLi on 17/03/2017 - 10:57
    +3

    Speak to the construction company, replacing a colorbond fence panel should be a cheap and quick fix for the construction company. Also get them to fix the holes in your wall and pergola and charge it back to the neighbour.

  • garetz on 17/03/2017 - 12:44
    +1

    What are you paying your insurer for, if not for this exact reason. If they refuse to do the task you pay them for, then you need to sort that out with the ACCC.

    • iratepirate on 17/03/2017 - 16:21
      +3

      Financial Industry Ombudsman covers insurance and carries a bigger stick.

      https://fos.org.au/

      • Noblejoker on 21/03/2017 - 17:09
        +1

        Agreed but - you must lodge claim with your insurer first and have that denied
        Then you can appeal to the Insurer's Internal Dispute Resolution system
        IDR has a short period of time to reply
        If they exceed that time (they often do) or they deny the claim THEN and only then can you go to FOS
        If you go direct to FOS they will send you back to insurer to go through the process

        • iratepirate on 21/03/2017 - 17:26

          You're an insider or you've done it before?

        • Noblejoker on 21/03/2017 - 17:32
          +1

          @iratepirate: Haha yep Insurance Industry pro
          See comment below saying - don't be fobbed off
          Lodge a claim
          5hitty insurers try to talk you out of claiming when you first call
          But once you lodge a claim they have to follow the process and in most cases just pay - as they should if the claim is genuine
          The good ones like me (pats own back) do this from the get go

  • thatonethere on 17/03/2017 - 12:51

    Could try talking to the various tradies about the issue (make sure you have a quote to repair the damage for the two incidents). Give them time to respond and then say you will go to small claims.

  • [Deactivated] on 17/03/2017 - 13:30
    +1

    I think before you talk to anybody else. Have a proper talk with your insurer to find out whats their reason for denying your claim. Edit : Whats the point of paying for it then right?

    Not sure what "they do not want to know about either event" means because they certainly do after you've told them.

    • havebeerbelywillsumo on 17/03/2017 - 14:54

      +

      This is the initial step for mine.

      Also what if you have a serious problem later, will they also drag their feet then? You need to sort out your insurer NOW.

      You may find this was a blessing in disguise if your insurer turns out to be uncooperative - run don't walk to get a new policy & tell current insurer you are leaving & the reason………….even if they stump up then, they have breached your trust _ all this applies if they don't cooperate in the "proper talk" phase of course

    • Islund on 17/03/2017 - 20:34

      They said the damage was it 'an insureable event'

      • Noblejoker on 18/03/2017 - 13:02

        Impact is always an insurable event
        No different if it is a tree limb falling on your roof or a pine plank falling on your pergola
        Tell them you want to lodge a claim regardless
        If they deny it you can appeal to the ombudsman
        They won't deny it
        Your only issue will be the cost of repairs versus the cost of claim
        cost of claims is excess plus possbile loss of no claim bonus
        good luck

  • AdosHouse on 17/03/2017 - 14:57
    +1

    I imagine that the OP's insurer is denying it because of "Act of God", tarp blew off in high winds or storm. Frankly I think "Act of God" is a load of shit and a massive cop out for insurance companies. But it will be your job to convince your insurance company that it was caused by negligence on someone else's cause, eg tarp not properly secured.

    Years ago, in a storm, when I was at work, one of my work's car-park steel light-poles blew over and landed on my car, damaging the roof and being still live, I couldn't do anything that night until Energex came out and cut power and made it safe. I claimed through my insurance, but because it happened in a storm, my works insurance claimed "Act of God". Because it is completely reasonable that a 10cm wide STEEL light-pole would act as a "sail". I took plenty of picture showing that at ground level the pole was completely rusted through, pole was coming down sooner or later. Still took my insurance company about 2 months to get me my $1000 excess back.

    • Noblejoker on 18/03/2017 - 13:07

      Acts of god are insured - wind, storm, falling debris etc
      Don't believe everything you see in a Billy Connolly movie
      Your insurance company paid for your damage from this Act of God
      What you are alluding to is Liability
      Your work was not liable to you for the damage the light pole caused as it was not their fault it was an Act of God etc
      You had to make and 'at fault' claim rather than a 'not at fault' claim
      In OP case it is very likely that the storm blowingthe pine onto his pergola is not the neighbour or builders fault and he or his insurer could not hold them liable and recover the cost
      This would not be true of the damaged fence which is clearly somebody's fault - presumably the demolishers

  • slow on 17/03/2017 - 16:16

    Get your neighbor on your side and get them to chase it - as I see it ultimately it is their responsibility. As they will be building it will be in their interest to keep on your good side.

    When my neighbor built recently their builder messed up my driveway and did some other minor damage, and he arranged the repair

  • Lysander on 17/03/2017 - 18:13
    +2

    If you can handle basic legal issues yourself, file a claim with NCAT but ONLY AFTER you have tried to resolve things amicably with your neighbour and the demolition company. In my experience, quite often the claim does not even go to the tribunal but settles beforehand (at mediation) as people and companies do realise what they have done and know that they cannot get away with it anymore. Of course they try but that is why you then involve NCAT to tell them they cannot.

  • aretsa9 on 18/03/2017 - 10:52
    +2

    Had an issue with neighbour's roofer damaging our roof a couple of years. Similarly, our neighbour played coy. Our insurer refused claim but I wrote a letter (marked confidential) to CEO of our insurer and his office arranged settlement of our claim.

  • simmos on 18/03/2017 - 11:18
    +1

    Small claims of this nature are not worth pursuing through the courts.

    My advice is to repair the things yourself and keep a note of the costs. Send the neighbour a letter saying that you hold him/her responsible for the damage. If there is any further matters advise him that you will go after him/Her for redress.

    Neighbours can be a pain, but better not let it get under your skin, or you suffer longer.

  • eggles01 on 18/03/2017 - 18:21
    +1

    first you have to get quotes and reports from other companies to have the repairs done by them,do not mention the neighbor problem,once you have at least 2 quotes also take a few photos of the good part and the damaged parts of the fence and damaged pergola then ring a solicitor for their advice a lot of them will give you a free 20-30 minute appointment,or you can send the contracters a copy of the repairs and the amount it would cost to have it repaired,you then send a letter of demand giving them 10 days to respond,if they do not respond you send a registered letter giving 7 days to respond otherwise legal action will be started to recover the damage costs,then if needed you can request the solicitor send a letter to the company,most times a company or person will not go to that trouble but when the contractors see you mean business they may come across as they will know that they may be in for other legal costs they would be responsible for,if you decide to go that far just follow what the solicitor advises,in NSW you may be able to make an appointment to see a Chamber Magistrate to get advice from him/her and if advises you it would not be worthwhile going on with it then it would be up to you how far you are willing to take it.

  • Seraphin7 on 19/03/2017 - 21:22

    Why aren't you just putting in a claim with your insurer?

Login or Join to leave a comment
Login Join