Trampoline damanged car

Author
Discussion

ATG

20,862 posts

275 months

Saturday 15th June
quotequote all
Deerfoot said:
Heathwood said:
Surely, given that a trampoline should be appropriately anchored down, if it manages to fly into a neighbours car, it’s highly likely that the owner has been negligent.
Can you provide a link to the legislation that states they have to be anchored down?
That's not how it works

E63eeeeee...

4,144 posts

52 months

Saturday 15th June
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If it's something you can afford, the simplest approach would be to offer to spring for the repairs.

r3g

3,555 posts

27 months

Saturday 15th June
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It's a bot.

TwigtheWonderkid

43,915 posts

153 months

Saturday 15th June
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bad company said:
TwigtheWonderkid said:
If you were negligent, your house contents insurer should cover your neighbours damage, regardless of it being specifically added. If you weren't negligent, they won't cover it, and you don't have to pay it either. Your neighbour's comp car insurance will cover it.
So what’s the test for ‘negligent’? Sounds like the op may have set up the trampoline without fixing it to anything to prevent it from blowing away in the wind.
Yes, that would be negligent. But if he did fix it securely, but the wind was so excessive and out of the ordinary, that secure fixings were rendered useless, then perhaps he wasn't negligent.

Deerfoot

4,937 posts

187 months

Saturday 15th June
quotequote all
ATG said:
Deerfoot said:
Heathwood said:
Surely, given that a trampoline should be appropriately anchored down, if it manages to fly into a neighbours car, it’s highly likely that the owner has been negligent.
Can you provide a link to the legislation that states they have to be anchored down?
That's not how it works
I don't have a trampoline or any skin in this game, I was just curious.

How does it work?

TwigtheWonderkid

43,915 posts

153 months

Saturday 15th June
quotequote all
Deerfoot said:
ATG said:
Deerfoot said:
Heathwood said:
Surely, given that a trampoline should be appropriately anchored down, if it manages to fly into a neighbours car, it’s highly likely that the owner has been negligent.
Can you provide a link to the legislation that states they have to be anchored down?
That's not how it works
I don't have a trampoline or any skin in this game, I was just curious.

How does it work?
There doesn't need to be legislation, the test is just reasonableness. Did the OP take reasonable steps to secure the trampoline. If so, and despite doing everything he would reasonably be expected to do, it blew away anyway, because of extraordinary weather, then he's not negligent. If he didn't, then he is.

But just because your property damages someone else's property, doesn't automatically mean you are liable. There has to be negligence.

The Three D Mucketeer

6,011 posts

230 months

Saturday 15th June
quotequote all
memti said:
I'm sorry for you, I hope all costs will be covered by the insurance
I'm not ...I don't see why everyone else should pay for his foolishness .
I feel really sorry for the owner of the car

and31

3,255 posts

130 months

Saturday 15th June
quotequote all
It didn’t happen

TwigtheWonderkid

43,915 posts

153 months

Saturday 15th June
quotequote all
and31 said:
It didn’t happen
Ooo, Alex Jones is in the house.

TwigtheWonderkid

43,915 posts

153 months

Saturday 15th June
quotequote all
The Three D Mucketeer said:
memti said:
I'm sorry for you, I hope all costs will be covered by the insurance
I'm not ...I don't see why everyone else should pay for his foolishness .
I feel really sorry for the owner of the car
If he has house contents insurance, he's paid to cover his own foolishness. He's paid for tp liability cover to cover his negligence. Just as when you buy car insurance, you cover yourself against foolishly causing injury or damage to someone else.

cnn256

Original Poster:

3 posts

1 month

Saturday 15th June
quotequote all
Thanks all for sharing your thoughts. Car owner who is also a good friend is leaning towards settling it internally than going to insurance. If reported in insurance it will be seen in carfax and would damage car value. Even if he goes through his insurance, the insurance company will try to recover it from my home insurance that does not include specific trampoline insurance. So not sure how would that get sort out. I don't see any other option than paying it from pocket.
Thanks everyone.

cnn256

Original Poster:

3 posts

1 month

Saturday 15th June
quotequote all
TwigtheWonderkid said:
If he has house contents insurance, he's paid to cover his own foolishness. He's paid for tp liability cover to cover his negligence. Just as when you buy car insurance, you cover yourself against foolishly causing injury or damage to someone else.
I am not sure about it. I have home insurance, including wind hail but what I am hearing is trampoline is not covered in your regular home insurance unless you choose specifically to include. I have not included it. So I am assuming that there is no point in reporting my insurance.

TwigtheWonderkid

43,915 posts

153 months

Saturday 15th June
quotequote all
cnn256 said:
TwigtheWonderkid said:
If he has house contents insurance, he's paid to cover his own foolishness. He's paid for tp liability cover to cover his negligence. Just as when you buy car insurance, you cover yourself against foolishly causing injury or damage to someone else.
I am not sure about it. I have home insurance, including wind hail but what I am hearing is trampoline is not covered in your regular home insurance unless you choose specifically to include. I have not included it. So I am assuming that there is no point in reporting my insurance.


Wrong. Your house contents insurance will include, normally, £2m of tp liability cover. This covers injury or damage you or other members of your family, or your property, cause to third parties, as a result of negligence. That's it. The only exclusion is damage you cause to a tp as a result of use of a motor vehicle. That's what your car insurance is for.

You're walking down the road not looking where you're going, on your phone, and you bump into someone, knock them over and injure them, if they sue you, you're covered. If you don't secure your trampoline and it blows away and causes damage, you're covered. If you're in a shop, wearing your rucksack, turn round and knock something valuable off the shelf, you're covered.

It's not restricted to damage done by the contents you're covering. It covers everything bar stuff covered by your car insurance

If your trampoline isn't insured, you won't be able to claim for the value of your trampoline, but damage done by the trampoline will be covered.

valiant

10,717 posts

163 months

Saturday 15th June
quotequote all
cnn256 said:
Thanks all for sharing your thoughts. Car owner who is also a good friend is leaning towards settling it internally than going to insurance. If reported in insurance it will be seen in carfax and would damage car value. Even if he goes through his insurance, the insurance company will try to recover it from my home insurance that does not include specific trampoline insurance. So not sure how would that get sort out. I don't see any other option than paying it from pocket.
Thanks everyone.
Was the trampoline anchored down or not?

If it wasn’t then your a bit of a dick as these things cause mayhem once ‘airborne’. I’ve been delayed numerous times getting home by train by trampolines on the line or worse, entangled in the OHLs all because some muppet didn’t secure it properly.

If this is you op, you’re a muppet and deservedly out of pocket.

If you made this st up, you’re still a muppet.

Sheepshanks

33,347 posts

122 months

Saturday 15th June
quotequote all
TwigtheWonderkid said:
Wrong. Your house contents insurance will include, normally, £2m of tp liability cover.
Does that hold for policies in the US? wink

TwigtheWonderkid

43,915 posts

153 months

Saturday 15th June
quotequote all
Sheepshanks said:
TwigtheWonderkid said:
Wrong. Your house contents insurance will include, normally, £2m of tp liability cover.
Does that hold for policies in the US? wink
I have no idea, except to say for definite that if there was similar cover, it would be up to a limit in US Dollars, and not Pounds.

TwigtheWonderkid

43,915 posts

153 months

Saturday 15th June
quotequote all
valiant said:
Was the trampoline anchored down or not?

If it wasn’t then your a bit of a dick as these things cause mayhem once ‘airborne’. I’ve been delayed numerous times getting home by train by trampolines on the line or worse, entangled in the OHLs all because some muppet didn’t secure it properly.

If this is you op, you’re a muppet and deservedly out of pocket.
he won't be out of pocket. He has insurance.

TwigtheWonderkid

43,915 posts

153 months

Saturday 15th June
quotequote all
Mods, this thread is probably better suited to Speed, Plod & the Law. It's more about legal liability than Homes & gardens.

vaud

51,137 posts

158 months

Sunday 16th June
quotequote all
cnn256 said:
Thanks all for sharing your thoughts. Car owner who is also a good friend is leaning towards settling it internally than going to insurance. If reported in insurance it will be seen in carfax and would damage car value. Even if he goes through his insurance, the insurance company will try to recover it from my home insurance that does not include specific trampoline insurance. So not sure how would that get sort out. I don't see any other option than paying it from pocket.
Thanks everyone.
Carfax? Which country are we referring to as the advice will then vary.

Carfax by example is not used in the UK which is where the majority of posters reside.

Monkeylegend

26,738 posts

234 months

Sunday 16th June
quotequote all
TwigtheWonderkid said:
Mods, this thread is probably better suited to Speed, Plod & the Law. It's more about legal liability than Homes & gardens.
They are too busy dealing with wes hehe