tree fell across road

becksy79

not sure where to post this so sorry... but really need some advice asap
my husband owns land which is rented out to a farmer, recently a tree fell from this land into the road and a car hit into the fallen tree causeing damage to the vehicle. the local council cut up the tree after, this happened a week or so ago and ive just been told about it. am i liable to cover the damage?

mvteng

As I understand it, you are only liable if you can be shown to have been negligent.

i.e. if you've had notice that the tree should have been attended to.

If it was just a case of the storms blowing the tree down, the driver should claim from their own insurance.

becksy79

thanks for that, was really worried about it!

Peater

Considering the severity of the recent winds, i would find it unlikely that the driver could claim against you. C'est la vie!

However, the council may try to present you with a bill for the removal of the tree.....

Davesnave

Your husband is being negligent if he has no insurance to cover incidents like this. Anyone who has land should obtain cover for third party risks. Even if you don't invite people onto your land, you are still liable if someone has an accident there or in the vicinity, as in this case.

As regards this particular tree, the council may well bill your husband for the work. Hopefully that will be a worst case scenario, but having had sight of the tree, they will be in a good position to say whether it came down by an act of God or because it was diseased.

I agree with the other posters that with the severity of recent weather it's unlikely that the insurers would want to fight this or, unless they already know, try to contact the council, but having one's own insurance is the best way to sleep easy when you own any kind of land.