Crashed through my wall having gone sale agreed

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nicelives

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Hi, I got a phone call last Saturday from a young man who says he had just crashed though the wall of my house(PPR) in the mid west. The house is currently Sale Agreed and I'm hoping the buyer will sign contracts this week.
I popped down today and although he had promissed to sort it within a couple of days the wall was still in bits. I phoned his mother and she said the guy who was to do it was busy this week. The buyer has not said anything so he hasn't seen it yet. I want it sorted, it wouldn't be right even if the buyer hadn't seen it for him to have to deal with it.
I just want him to sort it now, but what are my options, can I take a claim against him for the costs of sorting it myself. I have a witness, the nextdoor neighbour, good guy. Thanks in advance.
 
Surely an accident such as this should be reported to the Gardai?

Has the prospective buyer been made aware of the issue even as a matter of courtesy and even if you plan to sort it out anyway?

When you say wall of the house do you mean an external boundary wall or a wall of the actual structure?
 
Thanks for that. It's the external boundary wall rather than the house. I only saw the situation today for the first time. What I had hoped was that it'd be sorted before it became any sort of issue. I'm certainly not trying to pull a fast one and want it sorted before they sign Just wondering what I can do at this stage to make sure he sorts it. The guards were not called on the day as I was not there and the neighbour took the guys word that he'd sort it.
If I was to get a third party to fix it and me pay it, would I take the driver to the small claims court or would I just claim from my own insurance?
 
I don't think that the Small Claims Court would have jurisdiction in this situation. They only deal with consumer claims against businesses and not claims by one individual against another. Claiming on your own insurance may affect your future premiums on home insurance. Any idea of the cost involved?
 
Round about €500, not huge I know but still. I'd be happy enough to reduce the price of the house by as much but it's the boy racer who's at fault and I'd prefer him to sort it as he promissed.
 
You should talk to your solicitor and follow any advice given. I think you will find that when you point out the damage to the buyer that they will take it in their stride.
 
nicelives said:
Round about €500, not huge I know but still. I'd be happy enough to reduce the price of the house by as much but it's the boy racer who's at fault and I'd prefer him to sort it as he promissed.
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If it was me then I'd (a) pursue your man (within reason) for the cost or restorative action or (b) foot the bill myself rather than claim on the insurance (your excess is probably at least €125 anyway and the knock on effect on renewal premiums will probably make it not worth claiming) unless the prospective buyer is amenable to dealing with the matter based on a quid pro quo of a slightly reduced selling price.
 
contact his motor insurers and claim through them. he can hardly say that he is not at fault and that the wall jumped out in front of him!

if you claim through your own house insurers, then they should, at their expense, pursue him/his insurers for recovery of their outlay and your policy excess. Assuming that they recover, your NCB on house policy should not be affected.
 
Thanks for all the great advice, I now have his full name and address and a witness. I was talking to him today and he says he has a guy coming out to do the foundations during the week and then the block work on Saturday. Seeing as I'm working in Kildare and living in Dublin, it suits me to have him sort it. I have told him that if it's not sorted by Saturday, I'll be sorting it myself and therefore claiming through his insurance.
 
You might want to update that to "if it's not sirted by Saturday to your satisfaction". You don't want him to organise a half-arsed bodge job, and then say it's all sorted.
 
I'd prefer to organise this myself and bill the boy racer. Never let a third party choose your workmen.
 
nicelives said:
I have told him that if it's not sorted by Saturday, I'll be sorting it myself and therefore claiming through his insurance.
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Unless the incident is reported to his insurers immediately they may baulk at accepting a claim at a later date. Depending on the attitude of the insurers, a delay of a week in making a report may be too late.
 
I feel your neighbour SHOULD have phoned the guards, imagine if he had done more damage, Also your much better off informing your buyers of what is happening so they dont pull out of the sale
 
Thanks again for all the advice. The guy came good and rebuilt the wall, I kept the buyer in touch with what was happening and the house sale closed yesterday.
 
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