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

Dr_Crypto

DB1904 said:

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. 

What for? Where’s the proof the DPD driver was negligent? 

BOWFER

DB1904 said:

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?

Seriously?

T.T.D

The dpd driver should be aware of his height, be trained to look out for obstacles he may come into contact with and slow his speed accordingly to the situation If say the speed limit is 30 MPH and he seen there's a branch low down but failed to address his speed in order to attempt to not damage his wagon and trailer or snap off said brach for it to land in the carriageway or strike another vehicle  then he is negligent, but this is down to the OP to prove, can the OP prove the driver was negligent in the course actions? Does he have CCTV? Does he have Dashcam, Would the dashcam of the drive inculpate or exculpate his actions? 

If not, then who is responsible for the tree? are they aware or likely to have been aware of its position to being struck is the council highways aware of it? 
E.G OP has reported this to the landowner or council 4 weeks prior but no action.
 Is it overhanging the landowners garden that is in average garden space or small and therefore obvious to the landowner without having to have it report to them it required attantion, having driven past it daily or reguarly to gain entry to his home or land?. 
The OP may have a claim against the homeowners home insurance if any who may want to also blame dpd and offset any blame.

Did highways know in the council, did they take action to alert the landowner did this fail, was it planned to be trimmed off but wasnt due to oversight or admin errors?
OP May have a claim to the Council depending on many other factors in case law. 

Or this is simply a incident that is beyond the control of any person, therfore there is no claim against anyone. 

 

happyc84

Hi, I had a similar claim accepted by the 3rd party so it is possible to recover costs. 3rd party damage. I know the tree doesn't have insurance. (Doesn't have a limb to stand on)

In 2011. I was in a 1 month brand new Mini Clubman when a large coach in front of me had one of its side windows ripped out when it made contact with a branch of a tree while traveling down a single carriageway. (A82 Loch Lomond side) The window peeled off flew up in the air, before exploding  in million or so pieces over my car. Had to force the coach to make a stop to discuss the accident. The side panel had peeled off and was left with only 1 panel. They are double glazed.

New Windscreen and respray.

Good luck to  the OP

ontheroad1970

Might that be different since it was a part of the coach that hit your car rather than a branch?

user1977

ontheroad1970 said:

Might that be different since it was a part of the coach that hit your car rather than a branch?

I doubt that makes much difference - it's still seems sufficiently direct a consequence of hitting a branch that either it, or some other bit of debris, might damage other vehicles. If you're driving a high vehicle you need to be taking reasonable care not to hit low-hanging obstacles, even if they "shouldn't be there".