Neighbour's tree

hedingham_2

My neighbours large tree toppled in high wind and demolished my large shed......how do I claim on his insurance myself?

paddyandstumpy

Was he negligent in letting his actions? Was the tree poorly maintained?

Just because his tree fell on your property, doesn't make him liable.

Use your own insurer to progress a claim and they will pursue a recovery from your neighbour if they feel it is owed.

Sparx

Ask for his insurance details and ring them, if you feel they were negligent.

Or ring your own insurance as above. If they can recover the loss they will.

boliston

Surely a negligence claim of this type would be against the property owner rather than the owner's insurance as the policy is to protect the policyholder rather than to protect a third party - also it cannot be assumed that all property owners have third party insurance as it is not compulsory.

paddyandstumpy

Public liability is a standard inclusion on most household policies.

huckster

No recent high winds to topple trees to my knowledge ?

As your neighbour might not have Insurance, you would have to claim in your own Insurance and your Insurers might contact the neighbour (but i doubt it, unless the loss value makes it worth it).

Even if you tried to claim against the neighbour directly, you would probably have to issue a court claim and win to establish liability. This would not be easy, if the neighbour defended and might take months. At the moment, in some courts hearings for defended claims are not being scheduled until July. Even if you gained a CCJ against the neighbour, they might not pay you.

Use your own Insurance, given the problems that are likely to arise with a claim against neighbour.

csgohan4

it might not even need to go that far, ask him round for some tea and cakes and see what can be arranged from their side? you are neighbours after all, you don't want to make them neighbours from hell.

JohnD1957

My neighbours tree fell across my drive and wrote my car off, it also demolished their fence and my lawn. I did seek guidance and was told I would have to prove neglect which isn't very easy. Tree was over 100ft high, I had written to the council two years previous complaining it was leaning badly. They came and said it was fine. The tree didn't fall over just a branch about 3ft wide snapped. End result was car written off costing me £4k to replace o top of the value I was given on mine, no where near replacement cost!!!!, my no claims bonus has gone, fence still not replaced by them, lawn still got big holes/dents. At least they did pay to have the tree removed and cut down which would of been a lot of money. Could of taken my house, personally think they should of been responsible as it was their tree, and they should of been having it checked. But that's not the law!!!!!! you have to prove neglect!!!!

csgohan4

JohnD1957 wrote: »

My neighbours tree fell across my drive and wrote my car off, it also demolished their fence and my lawn. I did seek guidance and was told I would have to prove neglect which isn't very easy. Tree was over 100ft high, I had written to the council two years previous complaining it was leaning badly. They came and said it was fine. The tree didn't fall over just a branch about 3ft wide snapped. End result was car written off costing me £4k to replace o top of the value I was given on mine, no where near replacement cost!!!!, my no claims bonus has gone, fence still not replaced by them, lawn still got big holes/dents. At least they did pay to have the tree removed and cut down which would of been a lot of money. Could of taken my house, personally think they should of been responsible as it was their tree, and they should of been having it checked. But that's not the law!!!!!! you have to prove neglect!!!!

That's one reason why I cut my tree down before it would be problem to myself or others.

MEM62

boliston wrote: »

Surely a negligence claim of this type would be against the property owner rather than the owner's insurance as the policy is to protect the policyholder rather than to protect a third party - also it cannot be assumed that all property owners have third party insurance as it is not compulsory.

If the neighbour was negligent (and that would have to be proven) his insurance would be protecting the policy holder as the claim is against him. He is no a third party.