Dispute Over Actual Damage Caused And Repair Costs . . Please Help!

[Hibbs13]

My husband accidentally reversed a 7.5ton removal van into a neighbours fence causing damage to only the fence panel. Having a good willed nature he immediately knocked on their door and explained to the lady what he had done. She came out and looked at the damaged panel and verbalised that it was only minor damage and that her husband who was at work would look at it later. My husband left his mobile number for the husband to ring him if he wanted to speak about it. The man phone my husband and said that he was the 6th or 7th person who has damaged his fence this year and that he was fed up with it. He said he would call again when someone had been to quote for the repair. After a few days (by this point we had moved house) my husband had a nasty voicemail message from him to say that he had someone come out to quote for the repair and said he wanted £170 as the concrete plinth had completely cracked at the next panel along and that it would all need replacing.
My husband knows that he did not cause this much damage and had a friend of his, who actually is a fencer by trade, look at the damage and quoted just £50 to replace the fence panel tat my husband damaged.
Now the bloke is telling us that if we don't pay £170 he will take us to court.
What can we do and where do we stand? Any advice would be welcomed.

[lcg]

tell him that you are happy to rectify the damage yourself and get 3 quotes of your own to show him. your hubby should have taken pictures (go and get some now if possible) and if the bloke is still being difficult tell him to take you to court. make sure you write to him and keep copies of your polite correspondance - he is being a chancer. he may well be fed up of people damaging his fence, but you only have to repair the minor damage.....not the whole section of fence.

[joko]

is the £50 just for the new panel - or for the work?

or both?

because that amount has to cover the hours of work - maybe half a day?
could be a whole day if theres a lot of damage and installation to do.
maybe he needs an assistant to help hold the panel etc, also any other materials, travel, costs etc.
then there's removal and disposal of the old one, clearing any broken bits etc
it may then need staining to match the others.

i'd say for all that £170 is a pretty good deal.

[tonywiltshire]

I suggest you pass this on to your insurers whom you would have notified that an accident had occurred.

[WORLD-OF-ACCESS]

Be nice smile and say I think £120 is about right and see what he says. It was your accident and his fence he has the right to be annoyed....

[Canary42]

Offer him £75 and I'm sure he won't go to Court.

[EDDIE51]

It is quite possible the concrete plinth was damaged and if so £170 is a very fair price, the woman may not have noticed it at the first glance. Putting it through your insurance will mean increased premiums for the next 5 years and far more than £170. Of course it is possible the plinth was damaged before your husband hit the fence but you have no way to prove that now so you just have to pay up.

[joko]

also what was 'nasty' in the voicemail? or did he just sound pissed off?

i don't blame him being peeved - he now has to mess about getting quotes, organising a time for workmen to come etc and generally sorting out your husbands mess.

implying he's a nasty piece of work, whereas your husband has a 'good willed nature' because he actually owned up to damaging property (as he absolutely should have - no good-will about it) adds no weight to your argument.


anyway, if your mate will genuinely do all this work for just £50 -

# measuring up the panel needed - a trip to the property - petrol cost.
# sourcing and buying the new fence - as well as any other equipment needed - nails, screws etc.
# staining if necessary - need to buy stain and brushes.
# collecting it - a trip to a supplier in a van - petrol cost
# removing the old one - may need dismantling
# installing the new one - may need repairs on the fixings, posts, foundations etc before it can be safely attached
# and disposal of the old one? - trip to tip - more petrol
(even if he doesn't dispose - the owner of the house will have to and may then have to hire a van to get rid of it...? as well as petrol and his time and effort)
# pay someone to help him
# and take a wage for himself

- if this 'professional fencer' will really do all that for just £50, then I would bite his hand off and tell the man you will sort it all out for him.... then send him round here to do mine!