Car window smashed by pub tree - are they liable?

Nilrem

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

I'm guessing they paid out because it was cheaper than fighting it as there was possible negligence if the gate had been opened...

Also gates can, and should be secured as they are an obvious hazard in high winds and can/do move....

Tree branches however are largely stationary, like lamposts, gate posts, or any number of other things that people manage to hit whilst parking in marked parking bays.


I don't think the op has a chance.

texranger

effingpot wrote: »

Myself and my two kids were looking into the space as we reversed into it and none of us could see the branch.

well my only suggestions is that both you and your kids visit an opticians, if you cant see a branch sticking out that can cause so much damage to a car and also if i were you i would stop driving until i have my eyes tested.

Lip_Stick

You get all sorts of hazards with parking spaces, like spaces that are a bit smaller than others as they've a corner cut out, high kerbs at the back of them, etc. As a driver it's for you to check the space is suitable for your vehicle. If you have an taller vehicle than most, then you need to check more areas.

If a double decker bus reversed into a space over shadowed by an old oak tree and bust most of it's back windows, would you blame the owners of the tree or the dozy driver?

SandC

As a poster above pointed out, most car parks have 'at owner's risk' signs dotted about. We even have them at work. So you can't really argue about a car parking space not being suitable. You would need to prove that the taking back of the tree(s) was not done propery, leaving it in a precarious fashion or something along those lines.

Having said that, if you reverse into a space and whack into a shopping trolley that someone has left there, you wouldn't reasonably blame the car park owners would you? Or maybe you would.... then again the 'at owner's risk' comes back into it.

vuvuzela

mikey72 wrote: »

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.

I would say a cut one should be easier to see, with the colour difference standing out against the rest of the tree.

thenudeone

chunkychocky wrote: »

The insurance companies (DHs car insurance and the Household insurance of the people who owned the tree) settled it as being the fault of DH! So even when a tree jumps out and lands on your car it is still your fault.

I expect what was probably decided (although correct me if I'm wrong) is that the tree owner wasn't liable, presumably because they had taken reasonable steps, but could not have been expected to know that the tree couldn't stand up to the very strong winds. Therefore the car owner's insurers paid out under the comprehensive policy, not because the car owner was at fault.

Any incidents where an insurer pays out will be classed as an "at fault claim" even if the claim is actually for flood or fire damage. It doesn't mean that the policyholder was to blame.

Emmylou_2

There are obviously two directions you could go with this one. You could even do both, if you felt like it.

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> Specsavers

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DVLA (to hand your licence in cos you're obviously not safe to be driving)

browneyedbazzi

If I drove an oversized and overpriced gas guzzling chelsea tractor I'd pay a bit more attention to where I was parking it.

If you can afford the beast and it's petrol then stump up for the repairs (or claim on your insurance and pay the premium increase) and stop trying to cast blame onto someone else for your own negligence.

jc808

effingpot wrote: »

I reversed into a tree and broke my poncy foreign car
Thanks
Mike

aaaaaaaaaaa

NeilF3485

mikey72 wrote: »

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.

And when a clearly negligent OP reversed into the uncut tree branch we would then have a post demanding the damage be paid for, as the tree is not their responsibility and should have been cut back!

Am sure OP knows it was their own fault, but as is increasingly the norm, is looking for someone else to foot the bill.