Car damaged by tree whilst on caravan site

LANGO1966

Hi,
need some advice please.I am currently on a short break in Flamingo Land near Malton Yorkshire.The weather here this evening is heavy rain and gales.
About 19.00 hours this evening we had a almighty bang on the side of the caravan.On further investigation outside I find a 8 foot branch from the tree towering over the caravan has fallen onto my vehicle,which was parked in the designated area next to the caravan, damaged the roof of my vehicle before hitting the caravan.
I have reported this to reception who told me I need to speak to the Manager in the morning.
Where do I stand with liability over this issue?
What do I say to the Manager in the morning?

Thanks

Dave

molerat

Unless they were negligent in allowing the tree to be blown down that is what your insurance is for.

George_Michael

If this is the correct set of T&C's for your park:
http://www.flamingoland.co.uk/downloads/TOURING-FIELD-USER-RULES.pdf
there is no disclaimer stating that the management will not be liable for damage caused by them or by any of the facilities.

The only damage that they state they are not liable for is

13. Flamingo Land cannot accept responsibility for the loss or damage of property caused by other guests. Always secure you tent, awning or caravan when you are not there. Do not leave valuables in tents or awnings.

As they don't appear to have covered themselves, you may well find that they are legally obliged to cover the damage.

LANGO1966

molerat wrote: »

Unless they were negligent in allowing the tree to be blown down that is what your insurance is for.[/QUOTE

Hi,
you say "unless they were negligent" I have looked arond several websites and the words tree survey keep popping up.
Should I ask the manager ab out this?
Also I dont want to claim on my insurance as I will pay my excess and policy will increase next year

Dave

Itismehonest

Have you taken a photo of the branch on the car (if it's still there) & then of any damage.
(Yes, I realise it's dark, wet & blowing a gale but it would be in your interest to have photos for proof of the cause of any damage.)

LANGO1966

Itismehonest wrote: »

Have you taken a photo of the branch on the car (if it's still there) & then of any damage.
(Yes, I realise it's dark, wet & blowing a gale but it would be in your interest to have photos for proof of the cause of any damage.)

Hi,
I have taken photos of the branch, which had fallen onto the floor after hitting car and caravan.
Also taken picture of tree and drive at side of caravan, had to move vehicle back onto grassed area at rear of caravan for fear of more damage.

Strider590

molerat wrote: »

Unless they were negligent in allowing the tree to be blown down that is what your insurance is for.

Doesn't most insurance have an "act of god" clause?

dacouch

George_Michael wrote: »

As they don't appear to have covered themselves, you may well find that they are legally obliged to cover the damage.
[/SIZE]

They would still need to be deemed negligent for the OP to be able to claim against them

mikey72

dacouch wrote: »

They would still need to be deemed negligent for the OP to be able to claim against them

And without documented proof the overhanging trees have been properly trimmed back, overhanging branches are safe, trees have no disease, they're negligent.

It's a campsite, where guests are expected, and indeed obliged to park under trees.

dacouch

mikey72 wrote: »

And without documented proof the overhanging trees have been properly trimmed back, overhanging branches are safe, trees have no disease, they're negligent.

It's a campsite, where guests are expected, and indeed obliged to park under trees.

It's not as clear cut as that, although a court would definately take note of written evidence the trees were maintained / monitored. The fact that the weather was a gale will also have some bearing on the matter

LANGO1966

Hi,
just an update over this issue.
Have spoken to duty manager who told me they were not liable for this as its an "act of God".
Asked for the relevant paperwork as to state the disclaimer over damage from trees, told me she would speak to manager, no evidence given so presume they dont have this.
Asked for a tree survey report from the tree near the caravan and she told me she would look into it.
Going back later for incident report from manager with insurer details of theme park.
I have taken a sample of the fallen branch and its clear from the dry brittle condition of it that its either dead or diseased.
Should I contact my insurance and let them deal with this as its clear that the park are not admitting liability.