Council Tree Branch Falls Onto Car

bigadaj

Well at least the OP has received a better response than in February, assuming this is the same incident and his missus isn't the unluckiest woman in the world.

Car_54

bigadaj wrote: »

No they don't.

This is fairly basic stuff, people really need to understand what insurance is for and how it is applied.

Really? Who do you imagine is responsible for maintaining the highway? Who is responsible for ensuring trees are safe?

Is it perhaps the fairies mentioned by neilmcl above?

The OP's insurance will probably pay for the damage to his car, but they will in turn seek to recover the costs from the council if they have been negligent in any respect.

Johno100

bigadaj wrote: »

No they don't.

This is fairly basic stuff, people really need to understand what insurance is for and how it is applied.

I somehow don't think waving an insurance certificate at a judge will get a council off a health and safety prosecution.

sevenhills

10shinhan wrote: »

The Mrs car was parked on a public road, owned by the local council (as well as the trees), later when she came back, the car was completely damaged, windscreen shattered and heavy damage to the bonnet and roof (glass bits everywhere). There was a note from the tree surgeon (contracted by the council) explaining damage has been done from a falling branch and he gave a contact number to claim from the councils insurance.

Did the tree surgeon come to cut the tree from on top of your wifes car(after the accident), or was he already there doing some work?

Aylesbury_Duck

sevenhills wrote: »

Did the tree surgeon come to cut the tree from on top of your wifes car(after the accident), or was he already there doing some work?

We may never find out. As bigadaj pointed out, the OP first posted this story six months ago, here: https://forums.moneysavingexpert.com/discussion/5607401

It'll probably pop up again next February and we'll still be none the wiser.

bigadaj

Car_54 wrote: »

Really? Who do you imagine is responsible for maintaining the highway? Who is responsible for ensuring trees are safe?

Is it perhaps the fairies mentioned by neilmcl above?

The OP's insurance will probably pay for the damage to his car, but they will in turn seek to recover the costs from the council if they have been negligent in any respect.

Well in response to your first part I suppose it's god rather than the fairies. Do you honestly believe the council will guarantee that nothing will ever fall from a tree, it's about reasonable expectation.

Your second point is perfectly correct and is the right approach unless the OP fancies suing the council directly.

Also you've used the key point in relation to negligence, that's a big hurdle to cross and I don't believe their insurers will be able or probably try to claim from the council.

It's disappointing but on the relatively limited information from one party is just one of their unfortunate things. If the OP or his missus can find some witnesses to say they saw the tree in a dangerous condition, or show it's been reported then they would have a reasonable case, without that then just a claim from their own insurance.

bigadaj

Johno100 wrote: »

I somehow don't think waving an insurance certificate at a judge will get a council off a health and safety prosecution.

Do you think hse will prosecute this?

Robisere

IF you can wade through all the gobbledegook, this (eventually) points out that the local Council Highways Department IS responsible for trees at the roadside of an adopted Highway:
http://www.legislation.gov.uk/ukpga/1980/66/section/154

In other words, if the trees are growing at the side of a highway, the Council is responsible for them. If they are actually growing on private property that is not owned and administered by the Council, the landowner is responsible.

3 years ago, our overzealous Council Highways took it upon themselves to take down a lovely old Elm that had been growing at the side of the A road in our village for many decades. A local scientist tried to prevent this, as the tree was not unsafe in any way. He proved that it was not subject to Dutch Elm Disease and he commissioned a professional dendrochronogist to prove that, and also prove that it was not dangerous. The Council took it down anyway, quoting the 'fact' that it "...might in the future develop DE Disease" ! The Parish Council took their own County Council to court over this, and won a hollow victory, because the tree was taken down before the Environment Agency could act. Three separate agencies, arguing over a beautiful old, but perfectly healthy tree, it was a pantomime which ended in the Councill officer who gave the order, losing his job.

Sometimes life is just too daft for laughter.

Car_54

bigadaj wrote: »

Well in response to your first part I suppose it's god rather than the fairies. Do you honestly believe the council will guarantee that nothing will ever fall from a tree, it's about reasonable expectation.

No-one expects a guarantee, but they should be able to expect "a proactive system to deal with tree maintenance", as quoted in the report linked earlier by Johno100. The council should, at the least, be able to show that a regime of regular inspections by competent professionals was in place: if they cannot, I would expect a court to find them negligent.

BTW this is probably not the right forum to ask you to explain the difference between god and the fairies;).

Johno100

bigadaj wrote: »

Do you think hse will prosecute this?

Doubtful as no one was seriously hurt or killed.