WHO IS LIABLE ???

  do-gull 20:08 11 Jan 07
Locked

During the high winds in the night a rooftile came off my daughters house and smashed through the windscreen of her car.Even though this has happend 4 times in the last 6 months ( the tile coming off the roof not smashing the windscreen as well )The council say they are not responsible and my daughter should claim on her car insurance?

What do you think ?

D.G

  Curio 20:24 11 Jan 07

I would think it would be treated as an Act of God. However, most windscreens are replaced on site by a company nominated by the Insurance Co. Check Daughters policy - she probably has to pay £40 or so, but does not affect her No Claims status.

  Jackcoms 20:24 11 Jan 07

No one's responsible. It's an act of God.

Claim on the car insurance

  do-gull 20:44 11 Jan 07

Surly the council are negligent for not securing the tiles despite numourus phone calls!!!!
bear in mind this is not the first or even the second time?

D.G

  Totally-braindead 20:46 11 Jan 07

I'm not an expert on these things but weather is classed as an act of god and I think she would have to claim off her car insurance.
The only way you might not have to do that is if you could prove the council was negligent in that the roof tiles were unsafe, I am of course assumming its a council house as well.
To be honest considering the high winds we have had I think you would have a hard time proving it as I'm sure you have seen on the news about all the damage. Mind you 4 times in 6 months this has happened you say. Perhaps it might be worth looking into.

  Jackcoms 20:50 11 Jan 07

I repeat, it's an act of God.

I might have loose tiles on my roof for all I know, but I've no intention of climbing up there every 2 minutes to check.

The tree in my front garden might blow over tonight in the wind because the roots might be loose but, again, it's an act of God.

Have you even bothered to speak to the car insurance people?

  namtas 21:00 11 Jan 07

Tiles displaced or roof damage as a result of wind, are covered for repair on my buildings insurance. I am not sure about consequential damage. I would have thought this also would be covered. consider if if the tile had fallen during daytime and injured or killed someone. I would seek more senior confirmation from the council, in writing.

  do-gull 21:07 11 Jan 07

Yes we have spoken to the car insurance people and they say the council is at fault and will supply a courtesey car arrange for the car to be repaired and send the bill to the council.
Just thought it would be a good thread.
The council deny ALL reponsibility and the funny thing was my daughter rang up on monday just gone to say YET another tile had blown off the roof,The council say that as the tile had left the roof it was not the problem?
I say shoddy workmanship!!!!
D.G

  Totally-braindead 21:17 11 Jan 07

Jackcoms not trying to be differcult and as I said I'm not an expert on these things but if 4 times in 6 months tiles come off the roof surely the tiles are not secured properly. I've had really high winds here and no tiles have come off my roof. Surely there is a possability at least that the owner of the building, which I presume is the council in this case has an obligation to make sure the roof is secure as well as watertight.
Mind you if the insurance firm are sending the bill to the council then thats fine as do-gull can leave it to them to sort out between themselves.
do-gull this is a council owned property we are talking about isn't it?

  namtas 21:37 11 Jan 07

I was assuming that it was a council property and of course the council insure the property.
a further consideration, and as usually, things are not always as they seem. Your daughters car insurance company will see this as a claim, made by her, it will remain so until the bill is settled, any possible loss of NCB will have to be accepted. it could be that she may lose out financially depending how long it takes to get claim settled.

It therefore may be cheaper in the long run just to get the window fixed and pay herself, depending on the quote

  Forum Editor 21:41 11 Jan 07

and if your daughter had reported the fact to the council on several occasions, there may well be a case for negligence on their part.

They have a duty of care to her as one of their tenants, and the terms of their public liability insurance will almost certainly include a clause saying that they must take steps to mitigate the insurers' liability. Had your daughter (or a passer-by) been serioulsy injured by a flying tile, and it was subsequently revealed that the council had been repeatedly warned about the danger, they would probably face an action for damages. All householders are at risk of such a claim if, for instance, a rooftile falls and injures a postman/woman, and it can be shown that the householder was negligent in not maintaining the roof to a proper standard.

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