Car window smashed by pub tree - are they liable?

effingpot

Hi there,
I reversed into a pub car park space the other night in my USA import (ie expensive parts) 4x4 and a sawn off branch smashed the rear window before I had got within a few feet of the back of the space. A smaller car would have gone under it.

It has done around £600 damage by the time the part is imported and fitted.

The pub are approaching their insurers tomorrow but does anyone know if they are liable at all?

They provide the parking space but clearly it is not suitable for a taller car.
Thanks
Mike

Fergie76

Should watch where your reversing.

I would say it's your fault, it's not as if the branch could move.

Hintza

You hit a stationary object. Methinks you are at fault.

(I can't say much more than that for fear of being censored again.)

McKneff

The pub's insurance would be mad to entertain it.

Sorry, but as far as I can see you are at fault here.

s_b

i would say
they invited you you park there
they were aware of tree branches causing problems because they had cut them back
they are liable because they didnt take full diligence on what might be parked there
i think you should be compensated

vax2002

If you are fully comprehensive then they will not entertain a claim where insurance already exists

dtaylor84

vax2002 wrote: »

If you are fully comprehensive then they will not entertain a claim where insurance already exists

That insurance would cover the OP's liability - not the pub's.

(Not that the pub seems to have much liability here, IMO.)

s_b

vax2002 wrote: »

If you are fully comprehensive then they will not entertain a claim where insurance already exists

they could try and argue that you should claim on your own insurance but i would see that as a point of culpability on their part

arcon5

The only negligence in this case is that of ops. If you reverse into an object which as a result causes damage I fail to see how somebody else can be responsible for it.

s_b wrote: »

i would say
they invited you you park there
they were aware of tree branches causing problems because they had cut them back
they are liable because they didnt take full diligence on what might be parked there
i think you should be compensated

Op also failed in due diligence -- by failing to spot a hazard!


'Think of the children' people -- op, look where your driving in future!

Optimist

Getting to the root of the matter then I will leaf it at that, can I suggest the OP reads rule 202 in the highway code.

arcon5

s_b wrote: »

they could try and argue that you should claim on your own insurance but i would see that as a point of culpability on their part

How in any way is telling them to claim of their own insurance making them culpabilite?

I told my neighbough to claim on her insurance when she had a water leak in her bathroom last year -- based on this logic I have now admitted liability and should pay for the damage?