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Author Topic: Theoretical Insurance Claim  (Read 1326 times)

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Jimbob

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Theoretical Insurance Claim
« on: 04 February 2011, 21:56:14 »
Your driving along in a residential area....

Its very windy

A wheelie bin blows out of a driveway and damages your car.

Who pays for the damage?

Facts :-
The council own the bin
You can positively identify the owner of the bin
You have fully comprehensive insurance

Your own insurance pay, with loss of no claims etc
Is it a case of unlucky, an act of God?
Council liable for their property causing damage?
Homeowner (or their household insurance) liable for not keeping it secure?


Discuss....
« Last Edit: 04 February 2011, 21:57:28 by jimbob »
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davethediver

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Re: Theoretical Insurance Claim
« Reply #1 on: 04 February 2011, 22:00:47 »
Act of God, extreme weather?? Force Majore or whatever the other get out clause is >:(
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mantagte

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Re: Theoretical Insurance Claim
« Reply #2 on: 04 February 2011, 22:02:54 »
Quote
Act of God, extreme weather?? Force Majore or whatever the other get out clause is >:(


what if you are an atheist :question
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Kevin Wood

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Re: Theoretical Insurance Claim
« Reply #3 on: 04 February 2011, 22:04:16 »
Quote
Quote
Act of God, extreme weather?? Force Majore or whatever the other get out clause is >:(


what if you are an atheist :question

Sh1t Happens :y
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hotel21

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Re: Theoretical Insurance Claim
« Reply #4 on: 04 February 2011, 22:04:34 »
Was it up a driveway and blown out, or left out after designated bin day?

Either way, I suppose the responsibility is on the householder but....

what about those pesky kids?   

/scooby doo mode!


If A.N.Other had moved the bin from where the householder safely left it, who knows?  Into Act of God territory, methinks...

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Jimbob

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Re: Theoretical Insurance Claim
« Reply #5 on: 04 February 2011, 22:05:51 »
in this instance left emptied after a bin collection, so where bin men had left it.
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hotel21

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Re: Theoretical Insurance Claim
« Reply #6 on: 04 February 2011, 22:07:48 »
Quote
in this instance left emptied after a bin collection, so where bin men had left it.

I would therefore be thinking about what is a reasonable length of time for the householder to reclaim it from the footpath and return it to the normal safe storage, unless you care to prove carelessness on behalf of the binmen...
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davethediver

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Re: Theoretical Insurance Claim
« Reply #7 on: 04 February 2011, 22:09:28 »
Quote
in this instance left emptied after a bin collection, so where bin men had left it.

So as a prudent driver you could reasonably expect bins to be in out of place locations that neither the householder nor council could be liable for and as such take precautions around hitting one.

In short tough sh!t claim on your own policy >:(
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hotel21

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Re: Theoretical Insurance Claim
« Reply #8 on: 04 February 2011, 22:11:47 »
Quote
Quote
in this instance left emptied after a bin collection, so where bin men had left it.

So as a prudent driver you could reasonably expect bins to be in out of place locations that neither the householder nor council could be liable for and as such take precautions around hitting one.

In short tough sh!t claim on your own policy >:(

Fair point...

If you could see that a) bins were there and b) its was very windy then reasonable to calculate that, given the time of day and empty bins, possibility that wind may blow them over?

Either way, it would be a challenging claim.

Glad its not mine...  :-X
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PhilRich

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Re: Theoretical Insurance Claim
« Reply #9 on: 04 February 2011, 22:14:03 »
If the bin was actually blown from within the homeowners boundary, then I would have thought they, through their home insurance would be liable? I don't hold with the 'shit happens' 'tough deal with it' argument.
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SJKOO01

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Re: Theoretical Insurance Claim
« Reply #10 on: 04 February 2011, 22:17:36 »
I would have to say the council.

Council are the supplers of the utility, they have given instructions to the owner to place the bin out for the bin collection.  Council are the owners of the bin, not the home owners.  They are also responsible for the up keep or replacement if one is need as a result of any damage caused to the bin.

As for Act of God.  Prove that a God exists, as the belief that God exists is at the end of it, is all based on a faith.  So where's the evidence?.  There are no hard facts that God exists that have been proven.
And I beliave that in law 'evidence is required' to prove the facts.

Shoot me down if you want, but that's how I see it.
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hotel21

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Re: Theoretical Insurance Claim
« Reply #11 on: 04 February 2011, 22:19:12 »
Quote
Your driving along in a residential area....

Its very windy

A wheelie bin blows out of a driveway and damages your car.

.................


You must have very good binmen down your way.

Up here, if its in the driveway, its not for emptying.

If its on the footpath outside, then we will empty it...   ::)
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Kevin Wood

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Re: Theoretical Insurance Claim
« Reply #12 on: 04 February 2011, 22:20:29 »
Quote
If the bin was actually blown from within the homeowners boundary, then I would have thought they, through their home insurance would be liable? I don't hold with the 'shit happens' 'tough deal with it' argument.

About the only possibility, I would have thought. The council will be teflon® coated.

Kevin
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Dishevelled Den

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Re: Theoretical Insurance Claim
« Reply #13 on: 04 February 2011, 22:20:32 »
I would say the first port of call should be the person who has custody of the bin.

In most cases this would be the householder responsible for it or using it however if the last person to have had custody of the bin was, for example, a council employee (after emptying it) it could be suggested that he/she/it failed to place the bin in a position where such an occurrence could not happen given the mobile nature of it.

Additionally, it is reasonable to suggest, in my view, that given the easily moved nature of these bins that those in control of them should be aware that such an occurrence can indeed happen and that sensible steps should be taken the secure them in a position away from any place that could cause inconvenience to or injure any member of the public.
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Seth

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Re: Theoretical Insurance Claim
« Reply #14 on: 04 February 2011, 22:23:46 »
Quote
Act of God, extreme weather?? Force Majore or whatever the other get out clause is >:(

'Force Majeure' !!!!!! ;D

Yep, you're correct - 'the get-out' clause  >:(
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