Learn how to navigate liability disputes with neighbors after windstorm damage. Get expert guidance on insurance policies, gathering evidence, legal options, and resolving conflicts effectively.
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“Hi PFNZ, Recently a colleague had their home damaged in a wind storm. A neighbour a couple of doors down with a spring free trampoline did not restrain the trampoline and it was lifted by the wind and caused considerable damage to the roof of two houses including my colleague’s. Luckily this happened overnight and no one was injured.
The neighbour initially admitted to the other affected party that the trampoline was hers and that she hadn’t restrained it because ‘she couldn’t be bothered to undo it every time she mowed the lawn’ and ‘she didn’t know it would be windy that day,’ however, after speaking to a family member involved in the insurance industry she is now changing her story and saying that it was restrained and she was mistaken. There was no evidence in the photos of the trampoline on my colleague’s property that it had been restrained, e.g. no ties attached, these sat loose on the grass of the owner’s property.
My colleague’s insurance company has told them because the trampoline owner has denied liability that my colleague is liable for the excess and loses her no claims bonus. Interestingly, the other affected party is not liable and suffers no loss, their insurance company is taking care of their whole repair.
What is the next step for my colleague? Disputes Tribunal? Ombudmsan? The insurance company refuses to investigate the lies and evidence of lack of restraint and will not progress the repair until the excess is paid…..
Thanks in advance for your help!”
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I’m sorry to hear about your colleague’s situation. Understandably, they are feeling frustrated and unsure of what to do next. Here is some general guidance on what your colleague might consider doing next in this situation:
Review the Insurance Policy:
Your colleague should carefully review her insurance policy to understand the terms and conditions, including the clauses related to liability and excess. It’s essential to know precisely what her policy covers and under what circumstances.
Gather Evidence:
Document all the evidence related to the incident, such as photographs of the damage, any correspondence with the neighbour, and any statements made by the neighbour regarding the trampoline. These can be crucial in supporting your colleague’s case.
Consult an Attorney:
It may be a good idea to consult with an attorney who specializes in insurance claims or property disputes. They can provide legal advice and guidance tailored to the specific situation.
Alternative Dispute Resolution:
Mediation or negotiation with the neighbour might be worth considering before taking legal action. Your colleague could resolve the matter amicably by discussing it with the neighbour, possibly with a mediator’s assistance.
Contact the Insurance Ombudsman:
If your colleague believes the insurance company is not handling the claim appropriately, she can consider contacting the insurance ombudsman or regulatory authority in her region. They can investigate complaints against insurance companies and help resolve disputes.
Disputes Tribunal:
If all else fails, your colleague might consider taking the matter to a small claims court or a disputes tribunal if that’s available in her area. This should be a last resort if other methods fail to resolve the issue.
Review Neighbourhood Bylaws:
Check if there are any neighbourhood bylaws or regulations related to restraining objects like trampolines in windy conditions. These local rules may have a bearing on the liability issue.
Review the Insurance Company’s Decision:
Ask the insurance company to provide a written explanation of their decision and their basis for holding your colleague liable. If there is a clear discrepancy between the evidence and their decision, it might be challenged more effectively.
Your colleague should proceed with caution and consider seeking legal advice before taking any formal legal action. The specific steps to take can vary depending on the insurance policy, local laws, and the details of the case. An attorney experienced in insurance disputes will be able to provide the most accurate and tailored advice.
Hope this helps.
Regards, Clive Fernandes (Financial Adviser)
Director – National Capital
Disclosure: I am the director of National Capital, a KiwiSaver advice firm. The views expressed in this article are the views of the author. The information provided is of a general nature and is not intended to be personalised financial advice. You may seek appropriate financial advice from a Financial Adviser to suit your individual circumstances or contact National Capital.
