What should I do?

aardvaak

Yesterday I was traveling on a A road outside a nearby village when my pasenger door mirror struck a dangerously overhanging tree in the road smashing the mirror.

I stopped and went to the house that the tree was near and reported it and the owner said it wasn't their hedge but a neighbour who lives away in another village.

The lady said she has reported it to the owner many times as she hears lots of people hitting it - she said best of luck as the owner is a very nasty aggressive man.

What can I do to get re-reimbursed etc.?

kmb500

Don't think you can do anything to get re imbursed, it is your fault for hitting the tree, I would have thought. If you ask him nicely I suppose he could pay for your repair but I don't think he's legally obliged to compensate you. Generally any accident/damage on the road with an object is the fault of the driver.


I would speak to your local county council highways department though if the tree is sticking out in the road. They may be able to advise you further.

neilmcl

aardvaak wrote: »

Yesterday I was traveling on a A road outside a nearby village when my pasenger door mirror struck a dangerously overhanging tree in the road smashing the mirror.

I stopped and went to the house that the tree was near and reported it and the owner said it wasn't their hedge but a neighbour who lives away in another village.

The lady said she has reported it to the owner many times as she hears lots of people hitting it - she said best of luck as the owner is a very nasty aggressive man.

What can I do to get re-reimbursed etc.?

A couple of things you can do. Firstly, report it to the local county council's highways department as it's causing an obstruction and hopefully the CC will issue a notice to the landowner. As far as getting recompense then you'll need to contact the landowner yourself.

aardvaak

kmb500 wrote: »

Don't think you can do anything to get re imbursed, it is your fault for hitting the tree, I would have thought. If you ask him nicely I suppose he could pay for your repair but I don't think he's legally obliged to compensate you. Generally any accident/damage on the road with an object is the fault of the driver.


I would speak to your local county council highways department though if the tree is sticking out in the road. They may be able to advise you further.

Yes I suppose it could be said to be my fault for hitting it but if it wasn't there I obviously wouldn't have - He should of spotted any trees likly to fall (this appears dead) and would of been obvious for some time and at the very least should of removed it when originally told (has been told on multiple occasions).
This is one of the reasons why we as landowners have public liability cover attached to our home and farm policies.

aardvaak

neilmcl wrote: »

A couple of things you can do. Firstly, report it to the local county council's highways department as it's causing an obstruction and hopefully the CC will issue a notice to the landowner. As far as getting recompense then you'll need to contact the landowner yourself.

And or presumably let my Insurance Company fight it.

Robisere

The advice regarding contacting your County Council Highways department is sound. I would photograph the tree "as is" paying particular attention to showing how it overhangs the road. I was involved in something similar concerning a public Right of Way -

A local elderly lady (now sadly deceased) was only able to get around our village by using a mobility scooter. She rode around the circuit of paths and 2 roads for the first time and came across a problem. There was a large Yew tree overhanging the pavement at a junction leading to a main road, actually an "A" road. Although narrow, the pavement was quite wide enough for her scooter, but she caught her bare arm on a branch. Yew is quite thorny and the movement of the scooter dragged her arm into the branch, which cut and scraped her arm. Being elderly, her skin was like paper and the wound became infected: I took her to the local surgery and a report was made.

I went round to the house where the Yew tree grew, and politely asked the owner to cut back the tree, informing him of the lady's wounded arm. I was met with a torrent of abuse from this very wealthy man and a determination to do nothing about the tree. I returned with my camera and photographed the offending tree, then contacted County Council Highways' website and reported the problem, attaching photographs and informing them that a Doctor's letter was available regarding the injury. Within the week, the tree owner was served with a notice to cut back the tree or face a Court Summons. I knew this because he informed me of the fact at great length, together with threats, which was quite stupid as I was with a witness who happened to be a Parish Councillor. He eventually received a visit from the police and had to sign a Police caution, for uttering threats of violence.

The tree is regularly cut back and I am faced with a blazing look of pure hatred from this man on the rare occasion that I see him. His anger and look, are a matter of complete indifference to me, I couldn't care less: idiots are idiots no matter what their imagined status may be.

So it may not be possible to be reimbursed for the mirror, OP, but the owner of the tree in your case is definitely at fault. Contact your C.C. Highways Dep't. They will have an online complaint form of some description.

neilmcl

aardvaak wrote: »

And or presumably let my Insurance Company fight it.

I doubt your car insurer will be interested, not unless you have legal cover.

DoaM

How much is a replacement wing mirror going to cost? Is it colour-coded? Can you get a replacement from a scrapyard?

AndyMc.....

Robisere wrote: »

The advice regarding contacting your County Council Highways department is sound. I would photograph the tree "as is" paying particular attention to showing how it overhangs the road. I was involved in something similar concerning a public Right of Way -

A local elderly lady (now sadly deceased) was only able to get around our village by using a mobility scooter. She rode around the circuit of paths and 2 roads for the first time and came across a problem. There was a large Yew tree overhanging the pavement at a junction leading to a main road, actually an "A" road. Although narrow, the pavement was quite wide enough for her scooter, but she caught her bare arm on a branch. Yew is quite thorny and the movement of the scooter dragged her arm into the branch, which cut and scraped her arm. Being elderly, her skin was like paper and the wound became infected: I took her to the local surgery and a report was made.

I went round to the house where the Yew tree grew, and politely asked the owner to cut back the tree, informing him of the lady's wounded arm. I was met with a torrent of abuse from this very wealthy man and a determination to do nothing about the tree. I returned with my camera and photographed the offending tree, then contacted County Council Highways' website and reported the problem, attaching photographs and informing them that a Doctor's letter was available regarding the injury. Within the week, the tree owner was served with a notice to cut back the tree or face a Court Summons. I knew this because he informed me of the fact at great length, together with threats, which was quite stupid as I was with a witness who happened to be a Parish Councillor. He eventually received a visit from the police and had to sign a Police caution, for uttering threats of violence.

The tree is regularly cut back and I am faced with a blazing look of pure hatred from this man on the rare occasion that I see him. His anger and look, are a matter of complete indifference to me, I couldn't care less: idiots are idiots no matter what their imagined status may be.

So it may not be possible to be reimbursed for the mirror, OP, but the owner of the tree in your case is definitely at fault. Contact your C.C. Highways Dep't. They will have an online complaint form of some description.

Why feel the need to mention it then?

Shaka_Zulu

Robisere wrote: »

Yew is quite thorny

I suspect you are adding a tiuch of spice to your story. There are no thorns on Yew trees.

Car_54

neilmcl wrote: »

I doubt your car insurer will be interested, not unless you have legal cover.

Why would the insurer not be interested? They should pay for the damage (subject to any excess), and could look to the tree-owner to recover their costs.

Whether it makes sense for the OP to claim is a different question.