Advice re damage by a overhanging branch

Bluediamond

Hi Everyone

The title sort of says it all but this morning myself and three other people had our cars hit by what can only be described as the mother of all branches.

It was sticking out vertically from the tree and hit wingmirrors off four cars. A 75 year old lady was amongst us and she was really distressed so I have taken her vehicle reg to...just incase I can do anything really.

So i just thought I would call Wiltshire Police as its classed as an RTC and I wanted to know if the landowner was liable.
The lady in their "Contact Centre" said she really didnt know but I could log it if I wanted to, but I must remember "We had a lot of rain last night!" I dont believe it!

Should have just asked on here first. Anyone know anything?

Thanks in advance

Blue

Quentin

No-one will be liable unless any negligence can be proved.


Check that a claim will be cost effective before contacting your insurer (unless negligence is proved, it will be a a fault claim meaning excess to pay and loss of NCD unless protected plus a disclosable claim ( or a disclosable incident if you contact them but decide not to make a claim)

SailorSam

Who is the landowner ?
is the tree in someones garden or a grass verge at the side of the road.

verityboo

Bluediamond wrote: »

Hi Everyone

The title sort of says it all but this morning myself and three other people had our cars hit by what can only be described as the mother of all branches.

It was sticking out vertically from the tree and hit wingmirrors off four cars. A 75 year old lady was amongst us and she was really distressed so I have taken her vehicle reg to...just incase I can do anything really.

So i just thought I would call Wiltshire Police as its classed as an RTC and I wanted to know if the landowner was liable.
The lady in their "Contact Centre" said she really didnt know but I could log it if I wanted to, but I must remember "We had a lot of rain last night!" I dont believe it!

Should have just asked on here first. Anyone know anything?

Thanks in advance

Blue

Your cars were hit by the tree or you drove into the tree?

I cannot see how a land owner could be liable for you and others driving into a tree, surely the logical thing to do would have been to drive around it?

bryanb

Were the vehicles moving? How did they hit a vertical branch?

SailorSam

Quentin it says here that if the owner of the tree fails to look after it and it causes damage, that is negligence.

http://www.cestria.org/YourHome/CommunityCaretakerService/TreesandtheLaw/tabid/415/Default.aspx

InsideInsurance

As it was a static object then almost certainly it simply being your fault.

There was a classic case a few years ago where workman were instructed to remove 5 lampposts, cut the pavement back 3', expand the road and resite the lampposts. Problem was there were 6 lampposts on the stretch of pavement but the jobsworth contractors only did what they were instructed leaving the final lamppost now 2.5' into the road.

A driver hit the lamppost but the case was settled 80/20 against the driver with the 20% against the council only being their because of the heightened duty of care a council has -v- a private landowner etc

adouglasmhor

bryanb wrote: »

How did they hit a vertical branch?

This? What do you even mean sticking out verticaly?

Quentin

SailorSam wrote: »

Quentin it says here that if the owner of the tree fails to look after it and it causes damage, that is negligence.

http://www.cestria.org/YourHome/CommunityCaretakerService/TreesandtheLaw/tabid/415/Default.aspx

Exactly. See #2.

You have to prove the negligence!

bryanb

InsideInsurance wrote: »

As it was a static object then almost certainly it simply being your fault

Not yet clear it was a static object

All post 1 says is it was overhanging in the title, then it was sticking out vertically in the explanation.

How that can knock wing mirrors off 4 vehicles beats me.

SailorSam

A wing mirror would only be about 3' off the ground, 'the mother of all banches' sounds like something you'd normally get high up on a tree, what sort of tree is it.