Car window smashed by pub tree - are they liable?

arcon5

s_b wrote: »

using an act of god ie tree jumping out is not a good argument im afraid
2 years ago in strong winds next doors gate badly damaged my car
i claimed of house owners insurance
everyone including houseowner said act of god
i argued negligence
i won before it went to court

so you back room know nothings can say what you want but if that tree had done that damage to my car and i was invited into the space to use the owners facilities i would be looking for compensation

and trust me i hate this no claim blame culture but this is clear cut (or not in the case of the branch) obviously person who cut the tree is also to blame because they too were negligent in not trimming back enough

Who was negligent in your situation?

Because the insurance company settled pre-court doesn't a precendence. Sometimes it is easier to settle than pay expensive lawyers and solicitors to go to court.

arcon5

CharlieBilly wrote: »

Sue the tree

Depends what age the tree is -- hopefully it will be tried as a minor to avoid lengthy prison sentences:eek:

moonrakerz

s_b wrote: »

using an act of god ie tree jumping out is not a good argument im afraid
2 years ago in strong winds next doors gate badly damaged my car
i claimed of house owners insurance
everyone including houseowner said act of god
i argued negligence
i won before it went to court

so you back room know nothings can say what you want but if that tree had done that damage to my car and i was invited into the space to use the owners facilities i would be looking for compensation

and trust me i hate this no claim blame culture but this is clear cut (or not in the case of the branch) obviously person who cut the tree is also to blame because they too were negligent in not trimming back enough

yawn.................................................

s_b

moonrakerz wrote: »

yawn.................................................

what a well reasoned argument

s_b

arcon5 wrote: »

Who was negligent in your situation?

Because the insurance company settled pre-court doesn't a precendence. Sometimes it is easier to settle than pay expensive lawyers and solicitors to go to court.

you miss the point though
they had better funds than me to argue in court i only had £100,000 legal fees to argue with
anyone who has ever used a barrister would know this figure doesnt go far
i reckon a precedence wasnt worth arguing for or maybe the insurer was a decent setup and paid (took 6 months + by the way)
sometimes you have to stand your corner and not roll like a wimp
this made this country great at one time stiff upper lip, now we are a country of mummsies

Paddy2eyes

Claim it on your insurance. Call your local BRANCH and ask them to STUMP up for the repairs.

michaelvintner

If you get anywhere let me know as I wish to sue the owner of the wall I just reversed into.

mikey72

I'm with sb.
The pub cut the trees down badly, and left a hazard.
Either they should have done a proper job, or left well alone.
At least you'd see an uncut tree branch.

paddyrg

So a pub car park (typically 'at owners risk' places in the first place) had a space that some models of car would fit in, but the OP drives an unusually expensive (and possibly hence larger) import which clearly has imperfect visibility. My money is on the pub here. In much the same way as they won't accept liability for other accidents that happen in the car park.

If I owned the pub, I would invite the claimant to procreate and travel. Pubs are struggling as it is, and importing replacement windows at high cost because a customer was unable to see a fixed hazard could kill this one off.

OP, can you claim on your own insurance?

marywooyeah

s_b wrote: »

using an act of god ie tree jumping out is not a good argument im afraid
2 years ago in strong winds next doors gate badly damaged my car
i claimed of house owners insurance
everyone including houseowner said act of god
i argued negligence
i won before it went to court

so you back room know nothings can say what you want but if that tree had done that damage to my car and i was invited into the space to use the owners facilities i would be looking for compensation

and trust me i hate this no claim blame culture but this is clear cut (or not in the case of the branch) obviously person who cut the tree is also to blame because they too were negligent in not trimming back enough

ou hate compensation culture, but sued when a gate damaged your car during a storm?