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'Someone drove into my fence: can I make their insurer pay up?'

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Hannah HeathMoney Expert

Hannah is a qualified mortgage and financial advisor with over 10 years experience. She helps with pension, investment, insurance, savings, banking and mortgage queries.

Damaged fence

A vehicle has come off the road and badly damaged my fence. 

I was not present at the time. The police were called and the wrecked vehicle was retrieved from my garden; I have the police reference number but not the vehicle registration number. 

My buildings insurance covers fencing but I will have to pay the excess and lose my no-claims discount, so I wish to claim from the insurance of the motorist who caused the damage. Is this possible?

A Which? Money member

'Having legal expenses cover could make all the difference'

Hannah Heath, Which? money expert, says…

It is possible to take legal action against the motorist and their insurer, and your insurer may be able to help. 

If you have legal expenses cover with your home insurance, you may be able to use this to help with the claim for your costs. 

For a claim to be taken up, your insurer must be satisfied that you have a reasonable or better-than-average chance of winning your case. You should also note that some insurers limit the hourly rate they pay solicitors, which could reduce the quality of solicitor that you’re likely to get.

Check your policy schedule to see if your policy includes legal expenses cover, as in most policies it’s an optional add-on. 

Don’t confuse legal expenses cover with liability cover, which pays out if you’re responsible for damages.

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