Council Tree Branch Falls Onto Car

10shinhan

@Mojisola Not sure if he was employee of the council or just subcontracted

@Mercdriver That is possible, I do not know or have CCTV evidence

Mercdriver

10shinhan wrote: »

@PasturesNew The tree surgeon didn't admit fault on the note he left, just explained a tree branch fell and that I can contact the insurance department to make a claim.

@Mercdriver Yes this is why the my local council won't pay out, but Reading council did pay out for a similar thing (as quoted above).

Perhaps in those cases, the council had been to the trees previously and passed them as safe, and were therefore negligent.

Richard53

The tree surgeon won't be a legal expert. I suspect the note to say the council would pay was his get-out-of-jail-free card - he gives you that, you nod and walk off, and he is gone before you start questioning the details.


1. The branch just fell off the tree and the TS was sent to clear up and make it good. Unless you can prove on the balance of probabilities that the council knew the tree was defective or dangerous and did nothing about it, then it is simply an accident, and you would need to claim on your own insurance. That is what insurance is for. You lose your excess, but that is how it works.


2. The branch was reported as defective, the TS attended for the council to cut the branch down, and in doing so damaged your car. This is a situation where you can claim the cost off someone else. It depends on the relationship between the TS and the council, employed or contracted, as to who is ultimately responsible, but either way you should approach the council first to find out a) exactly what happened, and b) whether you can claim against the council or the TS himself. The TS, whatever his status, was acting as the agent of the council, which is why you should address any queries to them first.


My money is on 1, unfortunately.

Keep_pedalling

It's pretty easy to tell wether it just fell or if it was the result of action buy a tree surgeon by the presence or absence of saw cuts..

Aylesbury_Duck

Keep_pedalling wrote: »

It's pretty easy to tell wether it just fell or if it was the result of action buy a tree surgeon by the presence or absence of saw cuts..

Maybe, but the tree surgeon may also have accidentally knocked down a branch whilst sawing another.

The OP needs to get to the bottom of what actually happened if he's to be successful in trying to recover his costs.

konark

I called the council and made a claim, they told me it would take a while and advised me to make a claim for the windscreen under my insurance (which I paid £75).

Cos you'll need a new windscreen on a totally wrecked car.

stator

Freedom of information request to the council. All tree works carried out on that street in the last 12 months. Also all reports of trees needing works carried out within the last 12 months.
Ask the council to clarify the situation regarding when their agent arrived and what he did.

bigadaj

There's no statutory duty to inspect trees on highways, it's not like potholes.

Also any cutting of branches by the tree surgeon may have happened after the initial damage to make the tree and area safe.

By all means gather information OP, but this is probably a claim on your own insurance as you'd have to prove negligence on the part of the council and that will prove difficult.

neilmcl

The above post says it all really.

Clear lesson, for many reasons don't park under trees.

Johno100

neilmcl wrote: »

The above post says it all really.

Clear lesson, for many reasons don't park under trees.

Seriously!

Regardless of if there was pre-existing damage being dealt with or it was routine tree pruning/pollarding work, a competent tree surgeon should have completed a risk assessment before starting work and identified any potential risks to third party property or to people, and made sure they were addressed.