Part of tree fallen on car at work

2

Comments

  • Ebe_Scrooge
    Ebe_Scrooge Posts: 7,320 Forumite
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    AdrianC wrote: »
    The relevant question is whether the LANDOWNER was negligent

    This, in a nutshell.

    If you can prove negligence, then you're good to go. But from what you've said, it sounds like the landowner has been pretty fair. Getting - presumably professional - tree surgeons in to assess the trees and take whatever remedial action is necessary. The landowner, assuming he trusts the tree surgeons, can only go on what they've told him. If they say "There you go, guv, all sorted, all made safe, here's our bill", then you can hardly blame him.

    Apart from that, it's just one of those things. Personally, if I'm out and about and not parking at home, and the weather forecast has strong wind warnings, I avoid parking near trees. Or advertising hoardings, for that matter. That's what your own insurance is for. Sure, it's not nice taking the hit on your otherwise blemish-free no-claims-bonus - but hey, brown smelly stuff happens occasionally :(
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
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    AdrianC wrote: »
    Handbrake cables don't just snap without any prior warning, unless the car is very poorly maintained.

    I disagree. It might not happen very often but it can still happen.
    I've seen an aircraft control cable break and this was in a very well maintained aircraft.
    Sometimes, manufacturing defects are impossible to see from the outside and this defect could lead to the failure of the cable with no prior warning.
    If a cable had been crushed slightly either before or during the installation in the vehicle, this could lead to stress cracking over time and eventually to the cable failing totally.

    The aircraft cable I was referring to came apart due to the crimped ball end detaching and this cable was manufactured and supplied by an approved company.
  • Warwick_Hunt
    Warwick_Hunt Posts: 1,179 Forumite
    AdrianC wrote: »
    Not the cost to you, though.

    A £500 repair is £500, regardless of how it's paid. I don't get how claiming on your policy is mitigating any loss.
  • GunJack
    GunJack Posts: 11,673 Forumite
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    Stoke wrote: »
    This is one of those situations where I always wonder, if you left your car on a slight incline, and the handbrake cable snapped and it rolled away and hit something.... would you be liable?

    What about if a flood carried your car and damaged someone elses?

    Yes, you ARE liable - how do I know? It happened to me on a family holiday 4 years ago. The chemist shop had customer parking on a slight incline, handbrake cable snapped, and car rolled backwards into a car parked on the road across the parking area. Only slowly, but dented the wing of the car behind mine, claim came off my insurance...
    ......Gettin' There, Wherever There is......

    I have a dodgy "i" key, so ignore spelling errors due to "i" issues, ...I blame Apple :D
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    Warwick_Hunt wrote: »
    A £500 repair is £500, regardless of how it's paid. I don't get how claiming on your policy is mitigating any loss.
    You pay it yourself - £1000.
    You hand it to your insurer - £200 excess.

    £1000 is less than £200.
  • Warwick_Hunt
    Warwick_Hunt Posts: 1,179 Forumite
    AdrianC wrote: »
    You pay it yourself - £1000.
    You hand it to your insurer - £200 excess.

    £1000 is less than £200.

    Still don't make sense, if they other party is liable.
  • SteveJW
    SteveJW Posts: 712 Forumite
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    A defect on a handbrake cable could either be patent or latent

    A latent defect is a fault that would not readily be revealed by a reasonable inspection whereas patent defects are defects that are not hidden and should easily be discovered by a reasonable inspection.
  • DUTR
    DUTR Posts: 12,958 Forumite
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    AdrianC wrote: »
    Handbrake cables don't just snap without any prior warning, unless the car is very poorly maintained.

    I sort of agree, but on another recent topic, purchased a petrol mower just under a month ago, yesterday I used it for the 3rd time, went to start it a 4th time and the starter rope had broken, luckily the mfr is going to send out a new starter assembly.
  • trailingspouse
    trailingspouse Posts: 4,035 Forumite
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    Erm, not sure what the handbrake cable has to do with the price of fish...

    But anyhoo - if sounds like the landowner has been very reasonable. He has realised there was damage to cars caused by the trees, he has checked with his own insurers (he didn't need to do this until you'd attempted to make a claim), he's been informed that the insurance won't cover it as he hasn't been negligent (and he hasn't been negligent), and he has come back to you and explained that you're not covered by his insurance, and given the reasons why not. What more could you expect him to do? Would you fork out for damage to someone else's property caused by something that wasn't your fault?

    So - you can either claim the cost of repairs from your own insurance (which, to be fair, is why you have it in the first place), or you can just foot the bill yourselves.
    No longer a spouse, or trailing, but MSE won't allow me to change my username...
  • debtdebt
    debtdebt Posts: 949 Forumite
    AdrianC wrote: »
    You pay it yourself - £1000.
    You hand it to your insurer - £200 excess.

    £1000 is less than £200.

    Not sure what your point is there? If the third party is liable, their outlay is still £1000.

    They either pay the whole £1000 directly to the owner if he paid it himself.

    Alternatively they pay £200 as an uninsured loss in the form of the excess to the owner of the vehicle and £800 to the insurer in settlement of their outlay.
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