DPD truck hits a tree, branch falls and damages my car.

photome

user1977 said:

neilmcl said:

user1977 said:

Have they explained why not?

Because the DPD driver isn't at fault

Did the tree suddenly jump out at them?

The tree shouldn’t have been low enough to hit. Where was the dpd driver supposed to go if it was overhanging the highway..

maybe the tree owner is to blame

born_again

OP might have a claim against the tree owner.

>>>The rule that responsibility for a tree rests with the occupier of the land where it is rooted also applies to trees bordering a highway. However for trees overhanging the highway the general rule is that responsibility to deal with overhanging growth stays with the occupier of the land.<<<

Of course when it rains, tree branches hang lower down... 

AdrianC

user1977 said:

neilmcl said:

user1977 said:

Have they explained why not?

Because the DPD driver isn't at fault

Did the tree suddenly jump out at them?

The branch may very well have done so, because of wind.

Trees simply do not grow substantial woodwork into the normal line of traffic, precisely because goods vehicles keep the insubstantial new growth trimmed.

The truck driver will only be responsible is if they were negligent - if the trailer was oversized (normal maximum is 4m height, 2.55m width) - unlikely - or was well off the normal line of traffic - again, unlikely.

The local authority and/or landowner are unlikely to be liable, unless it can be shown that they were aware of the tree being in a dangerous condition and failed to deal with it.

DB1904

neilmcl said:

These things happen,, no one at fault, no one to blame, which is why you have insurance cover yourself.

Technically the DPD driver failed to stop for an accident. Whether he was aware of the accident is another matter. 

DB1904

jrmiramon said:

Last friday night, a DPD high trailer going through a B road hit a tree and a branch broke off, it came down hard, hit my car and damaged it smashing the windscreen. Insurance tells me they cant claim from DPD???

How do you know it was a DPD vehicle and do you have the registration number?

neilmcl

user1977 said:

neilmcl said:

user1977 said:

Have they explained why not?

Because the DPD driver isn't at fault

Did the tree suddenly jump out at them?

So if you run over a stone in the road which flicks up behind, quite a common occurrence, and dings the car behinds bonnet and cracks their windscreen would you expect to be held at fault and have insurance claim against you? Of course you wouldn't.

Unavoidable incidents like this happen every day, as I said, there's no blame or fault just one of those things and is why we all have car insurance to protect against the unexpected.

neilmcl

DB1904 said:

neilmcl said:

These things happen,, no one at fault, no one to blame, which is why you have insurance cover yourself.

Technically the DPD driver failed to stop for an accident. Whether he was aware of the accident is another matter. 

They can only be liable if they knew that an accident that they were (indirectly) involved in took place. I very much doubt the driver would've actually noticed.

DB1904

neilmcl said:

DB1904 said:

neilmcl said:

These things happen,, no one at fault, no one to blame, which is why you have insurance cover yourself.

Technically the DPD driver failed to stop for an accident. Whether he was aware of the accident is another matter. 

They can only be liable if they knew that an accident that they were (indirectly) involved in took place. I very much doubt the driver would've actually noticed.

I think your confused here, failing to stop you need to prove they were aware or should have been aware the accident occurred. If the accident happened because they struck a branch which fell and damaged another vehicle they were directly involved. Think of damage to the tree which removes you indirectly assumption. Liability had nothing to do with whether the driver knew of the damage to the OP's car. 

sheramber

DB1904 said:

neilmcl said:

These things happen,, no one at fault, no one to blame, which is why you have insurance cover yourself.

Technically the DPD driver failed to stop for an accident. Whether he was aware of the accident is another matter. 

Where do you read that  he failed to stop. If the OP knows it was a DPD driver the chances are he did stop. Unless the OP was watching his car at the time.

DB1904

sheramber said:

DB1904 said:

neilmcl said:

These things happen,, no one at fault, no one to blame, which is why you have insurance cover yourself.

Technically the DPD driver failed to stop for an accident. Whether he was aware of the accident is another matter. 

Where do you read that  he failed to stop. If the OP knows it was a DPD driver the chances are he did stop. Unless the OP was watching his car at the time.

In that case he can claim straight off their insurance and cancel his claim.