Mum's tree fell on neighbours car!

mukach72

Good evening everyone,

Following the terrible high winds of last Friday 28th February 2022, it turns out that a branch from a tree on my mother's property,broke off and landed next door, crushing the roof of her neighbour's car! My mother's property is an acre field in green-belt land, surrounded by trees with the neighbours house next door naturally. 
Is my mother liable for the damage to the car?The tree doesnt have any signs of disease and is in good condition. She's eighty years old this year and this has upset her terribly. Any advice would be greatly appreciated.
Thank you.

elsien

That’s why people have car insurance.
She’s not liable unless she was negligent in some way. 

Sandtree

Just because your property causes damage to someone else's property doesn't automatically make you liable. Generally you have to be negligent which is defined as "doing something a reasonable person wouldn't do or failing to do something a reasonable person would do".

The key questions in this sort of case is what condition the tree was in before the storm? Was it showing signs of rot or such that a reasonable person would have done something about or did it look fit and healthy from the outside?

Ultimately your neighbour should claim on their car insurance and if they attempt to make a counter claim it should be passed to your home insurers as contents/buildings comes with a liability cover.

mukach72

Thank you for the replies. My mother's field is a few miles away from her home, would her home insurance automatically cover her field? The neighbours seem reaonable people so I'm inclined to offer to chop up and dispose of the fallen branch & twigs as a gesture of good will, all being well.

Sandtree

mukach72 said:

Thank you for the replies. My mother's field is a few miles away from her home, would her home insurance automatically cover her field? 

Would depend on what insurance she is buying... most Home will expect it to be a continuous property with the main dwelling but it can come down to if its on a single title, if the field has commercial use or... There are insurers more aimed at the rural set where cover for outbuildings and other such rural things tend to be better (sorry, urbanite here)

roddydogs

We haven't had the 28th Feb yet.

Keep_pedalling

Sounds like the only negligence was by the car owner leaving the car parked so close to a tree despite severe weather warnings being issued. 

They will be claiming from their car insurer, so if anyone is going to make a claim against your mother it will be the them but I think it unlikely.

Does your mother have legal cover with her home insurance or public liability insurance? 

macman

What exactly is this 'property'? You describe it variously as a 'field'. Is there a house on it, is it tenanted agricultural land?
I don't think offering to remove the debris from their written off car is quite going to satisfy them. 
Leave it up to the insurers, if it's covered.

Marvel1

Neighbour goes through their car insurance.

Grumpy_chap

mukach72 said:

I'm inclined to offer to chop up and dispose of the fallen branch & twigs as a gesture of good will, all being well.

If you do that be careful it is not seen as an admission of liability.

I guess, ultimately, it will be for the landowner who owns the tree to clear the fallen debris.

It may be worth getting a tree surgeon to do the clearing and cut off the snapped branch remainder  - they can also provide you with a report on the health of the tree at the same time, so closing off the discussion (either way) about possible negligence in failing to maintain.  While they are there, a general dead-wooding of all tress in the field might be pertinent.

ontheroad1970

Grumpy_chap said:

mukach72 said:

I'm inclined to offer to chop up and dispose of the fallen branch & twigs as a gesture of good will, all being well.

If you do that be careful it is not seen as an admission of liability.

I guess, ultimately, it will be for the landowner who owns the tree to clear the fallen debris.

It may be worth getting a tree surgeon to do the clearing and cut off the snapped branch remainder  - they can also provide you with a report on the health of the tree at the same time, so closing off the discussion (either way) about possible negligence in failing to maintain.  While they are there, a general dead-wooding of all tress in the field might be pertinent.

Personally, at this stage I wouldn't be asking a tree surgeon to make an assessment, because if there is any doubt whatsoever, the other side's insurance co will exploit that to reduce their costs.  I wouldn't be doing anything that remotely implied any admission of fault whatsoever.