Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Bank owned property vandalised neighbours, responsibility?

Options
  • 18-04-2018 11:39am
    #1
    dori_dormer
    Registered Users Posts: 1,919 ✭✭✭


    Hi
    I'm asking for a friend. Their neighbours put their house up for sale a few months ago. Turns out its now bank owned. They left a car abandoned in the driveway. A few days later the house was vandalised with graffiti, and the car set on fire. My friends car and garden planting was damaged by the fire. The estate agent had people round the very next day to clean up graffiti and remove the car.
    My friend has been on to the bank about fixing their car Etc and bank has said it's nothing to so with them. The damages come to nearly 2 grand and her car is only a year old so she's very upset.
    Does anyone know who's responsible for the damages so she knows who to chase?
    Thx


Comments

  • Options
    #2
    grogi
    Registered Users Posts: 8,615 ✭✭✭grogi


    dori_dormer wrote: »
    Does anyone know who's responsible for the damages so she knows who to chase?

    The vandals?!


  • Options
    #3
    Cookie_Monster
    Registered Users Posts: 24,506 ✭✭✭✭Cookie_Monster


    Whoever started the fire is responsible but good luck tracking them down... claim of her own insurance, that's what it's for. Shouldn't affect ncb as not her fault I would have thought, No?


  • Options
    #4
    Cuddlesworth
    Registered Users Posts: 13,994 ✭✭✭✭Cuddlesworth


    Cookie_Monster wrote: »
    Whoever started the fire is responsible but good luck tracking them down... claim of her own insurance, that's what it's for. Shouldn't affect ncb as not her fault I would have thought, No?

    Its no claims bones. That's a claim.


  • Options
    #5
    cruizer101
    Registered Users Posts: 3,205 ✭✭✭cruizer101


    There might be some responsibility on the bank if it was left for a long period but if the neighbours left and a few days later the car was set on fire I can't see how they would be responsible.

    A claim on insurance may have an effect on premium as they may view as more likely the car being damaged again


  • Options
    #6
    Cookie_Monster
    Registered Users Posts: 24,506 ✭✭✭✭Cookie_Monster


    Cuddlesworth wrote: »
    Cookie_Monster wrote: »
    Whoever started the fire is responsible but good luck tracking them down... claim of her own insurance, that's what it's for. Shouldn't affect ncb as not her fault I would have thought, No?

    Its no claims bones. That's a claim.
    Yea obviously but there are plenty of claim types that won't affect it. Fire damage claims tend to be exempt for example.
    https://www.axa.ie/help/question/what-claims-do-not-affect-no-dlaims-discount/


  • Advertisement
  • Options
    #7
    Glass fused light
    Registered Users Posts: 1,576 ✭✭✭Glass fused light


    If the damage originated from the parked car being set on fire, your friend may wish to check if it had an insurance policy.

    Plus check if the bank had details of an insurance policy on the house.


  • Options
    #8
    thebiglad
    Registered Users Posts: 1,617 ✭✭✭thebiglad


    Cookie_Monster wrote: »
    Yea obviously but there are plenty of claim types that won't affect it. Fire damage claims tend to be exempt for example.
    https://www.axa.ie/help/question/what-claims-do-not-affect-no-dlaims-discount/

    The damage may have been caused by fire but the cause of the fire was vandalism - I would expect NCB to be affected.

    Regardless, the AXA deal is for policyholders renewing with AXA only - if you go to another insurer you will have to declare that you have made a claim and will be impacted.


  • Options
    #9
    thebiglad
    Registered Users Posts: 1,617 ✭✭✭thebiglad


    Glass fused light wrote: »
    If the damage originated from the parked car being set on fire, your friend may wish to check if it had an insurance policy.

    Plus check if the bank had details of an insurance policy on the house.

    To be successful it would be necessary to demonstrate that the party holding an Insurance policy on the house was negligent - in this case persons unknown and not connected to the property set fire to a vehicle parked on the driveway - sorry there is no claim there.


  • Options
    #10
    Glass fused light
    Registered Users Posts: 1,576 ✭✭✭Glass fused light


    thebiglad wrote: »
    To be successful it would be necessary to demonstrate that the party holding an Insurance policy on the house was negligent - in this case persons unknown and not connected to the property set fire to a vehicle parked on the driveway - sorry there is no claim there.

    So if my neighbour's house goes on fire and sets mine alight I have no claim or is it because the fire originated from the car?


  • Options
    #11
    dori_dormer
    Registered Users Posts: 1,919 ✭✭✭dori_dormer


    The gards haven't found anyone responsible for the fire and vandalism. The car wasnt insured or taxed. She thought since the bank took responsibility for the clean up and removal of the car, they have taken ownership of the incident? The fire happened on their land? Would the property not be insured? She can't really afford 2k or the massive price hike on losing ncb.
    Thanks for the feedback!


  • Advertisement
  • Options
    #12
    Peregrinus
    Registered Users Posts: 26,511 ✭✭✭✭Peregrinus


    Damage by fire spreading from your neighbour's property is something you have to insure against; you can't recover from your neighbour. The purpose of this rule is to allocate fire risk clearly so that people know what they needed to insure against.

    If the fire was started by arson, as this one seems to have been, you can sue the arsonist (if you can identify him, of course) but not the owner of the property on which the arson was committed.

    The bank has no liability here, I'm afraid. This is pretty much what you have insurance for.


  • Options
    #13
    Claw Hammer
    Registered Users Posts: 6,238 ✭✭✭Claw Hammer


    Glass fused light wrote: »
    So if my neighbour's house goes on fire and sets mine alight I have no claim or is it because the fire originated from the car?

    You will, if you can prove the owner was negligent.


  • Options
    #14
    surrender monkey
    Registered Users Posts: 230 ✭✭surrender monkey


    Have a look at this and talk to a solicitor to see if you can make a claim under this section

    http://www.irishstatutebook.ie/eli/1981/act/9/section/5/enacted/en/html#sec5


  • Options
    #15
    grogi
    Registered Users Posts: 8,615 ✭✭✭grogi


    surrender monkey wrote: »
    Have a look at this and talk to a solicitor to see if you can make a claim under this section

    http://www.irishstatutebook.ie/eli/1981/act/9/section/5/enacted/en/html#sec5

    Riot?!


  • Options
    #16
    surrender monkey
    Registered Users Posts: 230 ✭✭surrender monkey


    Well if there were three or more people who caused the damage ? A solicitor might be able to advise if it's a worthwhile action to take? If the person had to claim their own insurance but got money back from the local authority wouldn't it be a bonus? No harm to explore it ?


  • Options
    #17
    surrender monkey
    Registered Users Posts: 230 ✭✭surrender monkey


    Well if there were three or more people who caused the damage ? A solicitor might be able to advise if it's a worthwhile action to take? If the person had to claim their own insurance but got money back from the local authority wouldn't it be a bonus? No harm to explore it ?


  • Options
    #18
    Glass fused light
    Registered Users Posts: 1,576 ✭✭✭Glass fused light


    surrender monkey wrote: »
    Well if there were three or more people who caused the damage ? A solicitor might be able to advise if it's a worthwhile action to take? If the person had to claim their own insurance but got money back from the local authority taxpayer wouldn't it be a bonus? No harm to explore it ?
    :confused:


  • Options
    #19
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    If the fire occurred accidentally, no claim.
    http://www.irishstatutebook.ie/eli/1943/act/8/section/1/enacted/en/html#sec1

    In the case of deliberate fire it would have to be proved that the owner was negligent. Only in very rare circumstances is there liability in Tort for the criminal acts of another.


  • Options
    #20
    the_syco
    Registered Users Posts: 37,300 ✭✭✭✭the_syco


    dori_dormer wrote: »
    I'm asking for a friend. Their neighbours put their house up for sale a few months ago. Turns out its now bank owned.
    Houses don't generally magically becomes bank owned. I'm sure they were aware when it became bank owned.
    dori_dormer wrote: »
    They left a car abandoned in the driveway.
    Why did they abandoned the car at a house they do not own?
    dori_dormer wrote: »
    The estate agent had people round the very next day to clean up graffiti and remove the car.
    Where is the car now?
    dori_dormer wrote: »
    My friend has been on to the bank about fixing their car
    The bank did not burn the car, so why would the bank pay to have the car fixed?
    dori_dormer wrote: »
    The damages come to nearly 2 grand and her car is only a year old so she's very upset.
    If the car is only a year old, it must have gotten damaged very little if it's only 2 grand of damage.
    dori_dormer wrote: »
    Does anyone know who's responsible for the damages so she knows who to chase?
    The vandals. Or perhaps the person who abandoned the car at a property that they don't own?


  • Options
    #21
    Ms2011
    Registered Users Posts: 3,129 ✭✭✭Ms2011


    Our house was owned by a bank before we bought it. We were waiting 17 months for the sale to go through. What finally got the bank to get their finger out was that one of the trees on the property came down in a storm & damaged our neighbours gate & fence which the bank had to pay to have repaired, after that the bank just wanted shot of the property & liability for any further damage.
    I would definitely look further into it if I were your friend, maybe get some professional advice.


  • Advertisement
  • Options
    #22
    dori_dormer
    Registered Users Posts: 1,919 ✭✭✭dori_dormer


    Peregrinus wrote: »
    Damage by fire spreading from your neighbour's property is something you have to insure against; you can't recover from your neighbour. The purpose of this rule is to allocate fire risk clearly so that people know what they needed to insure against.

    If the fire was started by arson, as this one seems to have been, you can sue the arsonist (if you can identify him, of course) but not the owner of the property on which the arson was committed.

    The bank has no liability here, I'm afraid. This is pretty much what you have insurance for.

    Do you think it would be property insurance or car insurance?


  • Options
    #23
    Peregrinus
    Registered Users Posts: 26,511 ✭✭✭✭Peregrinus


    The damage is to her car. Standard basic car insurance is third party, fire and theft, so this will be covered on her car insurance.

    If she also has house insurance (which presumably she does) and if it extends to property on the premises when the fire occurs (which would be standard) there is going to be an exclusion for cars, which are separately insured. If she tries to claim on her house insurance they'll almost certainly knock her back.


  • Options
    #24
    Sam Quentin
    Registered Users Posts: 2,226 ✭✭✭Sam Quentin


    So unlike some poor unfortunate people, you have identified the vehicle and the owner!? But yet you can't claim of them.. Well that's what everyone here seems to think.
    So what about all these advertisements by insurance companies: If you've been hit by an uninsured driver etc etc...
    Would your friends 'incident' not fall under that category??
    She should at least be able to claim of her own insurance and not effect he ncb?


  • Options
    #25
    Glass fused light
    Registered Users Posts: 1,576 ✭✭✭Glass fused light


    Sam Quentin wrote: »
    So unlike some poor unfortunate people, you have identified the vehicle and the owner!? But yet you can't claim of them.. Well that's what everyone here seems to think.
    So what about all these advertisements by insurance companies: If you've been hit by an uninsured driver etc etc...
    Would your friends 'incident' not fall under that category??
    She should at least be able to claim of her own insurance and not effect he ncb?

    Per post 11 the other car was not insured and she is trying to avoid claiming on her own.
    not effecting the NBC is company specific and if you try to move companies you have to say yes to the prior claims question.
    Plus on some policies it's an add on option you pay for.


  • Options
    #26
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Sam Quentin wrote: »
    So unlike some poor unfortunate people, you have identified the vehicle and the owner!? But yet you can't claim of them.. Well that's what everyone here seems to think.
    So what about all these advertisements by insurance companies: If you've been hit by an uninsured driver etc etc...
    Would your friends 'incident' not fall under that category??
    She should at least be able to claim of her own insurance and not effect he ncb?

    The car went on fire on private property. The compulsory insurance regime only applies to public places and the uninsured/unidentified driver provisions only apply in situations where there should have been compulsory insurance but wasn't.
    Some insurers might be sympathetic regarding claims history in the circumstances.


Advertisement