Car damaged by tree whilst on caravan site

Quentin

LANGO1966 wrote: »

Should I contact my insurance and let them deal with this as its clear that the park are not admitting liability.

That will be the most expedient way of getting your car fixed.

If your insurer is of the opinion that the park are negligent, then they will pursue them to reimburse their costs, and if successful you will be able to pursue them for your excess, and your insurer will change the status of your claim from fault to non fault meaning any NCD you have lost will be reinstated.

(Whatever you decide, you do need to inform your insurer of this incident.)

Obukit

Quentin wrote: »

(Whatever you decide, you do need to inform your insurer of this incident.)

Not necessarily, it depends on the insurance terms. Many say you need to inform them of any incident "which may give rise to a claim", or similar wording, so if there is no third party and you fix the car yourself, there is no need to inform them.

Otherwise every time you got a scratch and whacked a bit of Colourmagic on it, you'd have to be on the phone to let them know.

boyse7en

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.

You've got it the wrong way around.
You have to prove that the campsite owners were aware of an unsafe tree or branch and did not take action to prevent an accident occurring.

The OP needs to go through his insurer. If they (his insurance company) can think of a way to reclaim their loss from the Campsite's insurer, they will.

Quentin

Obukit wrote: »

Not necessarily, it depends on the insurance terms. Many say you need to inform them of any incident "which may give rise to a claim", ........

Yes, the OP is contemplating making a claim:

LANGO1966 wrote:

Should I contact my insurance and let them deal with this as its clear that the
park are not admitting liability

patman99

No such thing as 'Act of God'. This old chestnut was dropped by insurers a long time ago after an irrate Aussie sued God's representatives (the church) after his insurers used the 'Act of God' clause to attempt to avoid paying-ut on a claim.

As for the signs you see on campsites/carparks stating 'We cannot be held liable.....', this only covers damage by other users, not by falling debris from trees, buildings etc. Your insurers will recover the damage repair costs from the campsite so your NCB should remain intact.

Quentin

patman99 wrote: »

No such thing as 'Act of God'. This old chestnut was dropped by insurers a long time ago after an irrate Aussie .........

All this "Act of God" rant is a red herring.

The issue is "negligence". As has been posted, without proof of negligence there is no liability!