"ernie mendoza" wrote in message
...
On Thu, 14 Jul 2011 09:17:34 +0100, "Andy"
wrote:



"ernie mendoza" wrote in message
. ..

My neighbour's old tree fell over and damaged my fence. It was not
windy and the 30-foot tree's roots had obviously rotted and gone. How
should I proceed with getting my fence repaired?

1. Get my neighbour to fix it?
2. Claim on my buildings insurance. In this case should I get his
insurance details so my insurance company can recover costs from his
company? How do i recover my £100 excess? Will my premium increase as
a result of my claim?


The first thing to do is to talk to your neighbour. Do not ask "Are you
going to pay for the repair?" as this is a closed question and can be
answered with a simple yes or no which is 50/50. Instead, butter them up
first with a comment like "That was was unlucky! At least it was only a
fence", then use an assumptive close by asking something like "When you
get
the quote for replacing the fence, could you also get a quote for [insert
different type of fence here like 'closeboard'] as I'm considering a
change
and I'll pay the difference". The focus is then shifted from whether they
will pay or not and on to the possibility of an upgrade which assumes that
they'll pay for the replacement of the current fence.

Andy
www.mygardenproject.co.uk

Thanks for the useful responses so far. My neighbour is away on
holiday. I want to know what my options are before he returns.

Do not contact your building insurers, they almost certainly do not cover
fences. Do not ask your neighbour whether he's going to pay for it. This
gives him the option of saying no, then you're in a dispute. Get contractors
to fix the fence, and then politely ask him to settle their bill. If he
refuses or just doesn't, point out to him that it is his responsibility. If
he still doesn't, write a letter to him pointing out that it is his
responsibility.

Complications may be - Is there still a large amount of his timber still
lying on your property? Is the fence yours or his, ie who paid for it last
time?

Steve