Car damage from tree branch

Abby0001

I was driving down a country lane (which I drive down on a daily basis). The shrubbery either side of the road had been recently cut down exposing a large tree branch which I had to swerve to avoid. Unfortunately the branch still hit my car causing my passenger wing mirror to completely break. I paid for repair as needed car for work (£200).
I contacted the council but they weren't responsible for the shrubbery, it turns out the local farmer owns that right. I contacted him and he is refusing to pay back the money I paid to have the wing mirror replaced. He is saying it must have been the wind and that he didn't cut the shrubs back at the time of the accident. Is there anyway I'm able to get my money back? Help please!

foxy-stoat

I doubt it. You where either driving too fast or not paying attention.

NBLondon

So before the shrubbery was cut back; you were able to avoid driving into it and after the shrubbery was cut back; there was a branch sticking out which you hit? Or do you mean debris was left in the road? If the farmer didn't cut the shrubs back who did?

AdrianC

I hate it when large branches leap out in front of me, without giving me any time to avoid them.

Abby0001

Debris must have been left behind from the tree which the farmer cut back. He is saying he cut the shrubs back but a few weeks before the accident.

foxy-stoat

Abby0001 wrote: »

Debris must have been left behind from the tree which the farmer cut back. He is saying he cut the shrubs back but a few weeks before the accident.

So you drove into the cut branches that were left on the road and didn't notice them quick enough to fully avoid them....how low is your wing mirror?

AdrianC

Do you have photos of this obscured and unavoidable obstacle?

Mercdriver

Sorry OP, this made me think of this part of the holy grail...

https://www.youtube.com/watch?v=2xvvvJ7hvo8

reeac

foxy-stoat wrote: »

So you drove into the cut branches that were left on the road and didn't notice them quick enough to fully avoid them....how low is your wing mirror?

I think that he means that the cutting back of the other foliage left an exposed branch which was less visible than the original mass of foliage. Had this happen to me once when I was forced to move into the edge of the road to avoid a wide vehicle coming the other way. Just a long scratch which I polished out. I went back later with a bow saw and cut off the branch ....never thought about compo. but there you go, I'm just an old-timer.

Aylesbury_Duck

You have no chance of claiming from the farmer. Firstly, if he cut the hedge back weeks before, the branch was just an unlucky occurrence. Secondly, you hit a stationary object which suggests you were going too fast to see far enough ahead to avoid it completely. If there had been a pedestrian or a horse and rider walking along the lane at the same point instead of the branch being there, you might have hit them, and a broken wing mirror would be the least of your problems.

sheramber

It is not clear whether the branch was attached to the tree or whether the branch had been cut off and left lying on the ground.

Which is it?