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  • FIRST POST
    • WLM21
    • By WLM21 5th Feb 18, 1:54 PM
    • 1,086Posts
    • 347Thanks
    WLM21
    Damage to property : Who to deal with
    • #1
    • 5th Feb 18, 1:54 PM
    Damage to property : Who to deal with 5th Feb 18 at 1:54 PM
    My property has been damaged by trees on a neighbour's property.

    Their loss adjuster has been in contact a few times, each time nearly 3 months after I have contacted them. Citizens Advice suggested I contact the land owner directly in future.

    I did this today and receive an email, within a few minutes from their 'Insurance broker' stating their client (the owner of the land) can not comment on the matter. I should once again contact the Loss Adjuster

    Is this correct procedure ?

    CAB telling me one thing and the insurance broker telling me another

    Is it not the same as in a shop .. if a kettle becomes faulty, you are supposed to deal with the shop, not the kettle manufacturer.

    thank you for any advice provided
    Last edited by WLM21; 05-02-2018 at 2:09 PM.
Page 1
    • eddddy
    • By eddddy 5th Feb 18, 4:31 PM
    • 6,470 Posts
    • 6,357 Thanks
    eddddy
    • #2
    • 5th Feb 18, 4:31 PM
    • #2
    • 5th Feb 18, 4:31 PM
    I did this today and receive an email, within a few minutes from their 'Insurance broker' stating their client (the owner of the land) can not comment on the matter. I should once again contact the Loss Adjuster

    Is this correct procedure ?
    Originally posted by WLM21

    Your claim is against your neighbour. However, your neighbour has chosen to ask the insurer (and loss adjuster) to deal with the claim, and to communicate with you about it.

    If you don't think things are moving quickly enough, you could threaten to take your neighbour to court over the claim.

    That may or may not speed things up.


    Is it not the same as in a shop .. if a kettle becomes faulty, you are supposed to deal with the shop, not the kettle manufacturer.
    Originally posted by WLM21
    Your claim would be against the shop - but the shop could instruct their insurer or their solicitor (or anyone else) to speak to you.

    And they could also ask you to only speak to their insurer or solicitor - and not speak to the shop directly.
    • Tammykitty
    • By Tammykitty 5th Feb 18, 4:44 PM
    • 579 Posts
    • 1,208 Thanks
    Tammykitty
    • #3
    • 5th Feb 18, 4:44 PM
    • #3
    • 5th Feb 18, 4:44 PM
    I thought that unless the neighbor was actually negligent, then in relation to tree damage, you have to claim via your own insurance if it caused damage during a storm etc.


    It is different if someone had previously brought the state of the tree (if they were concerned about it as previously branches had fallen etc) to the attention of the landowner
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    • eddddy
    • By eddddy 5th Feb 18, 5:03 PM
    • 6,470 Posts
    • 6,357 Thanks
    eddddy
    • #4
    • 5th Feb 18, 5:03 PM
    • #4
    • 5th Feb 18, 5:03 PM
    I thought that unless the neighbor was actually negligent, then in relation to tree damage, you have to claim via your own insurance if it caused damage during a storm etc.


    It is different if someone had previously brought the state of the tree (if they were concerned about it as previously branches had fallen etc) to the attention of the landowner
    Originally posted by Tammykitty
    A case about tree damage went to the court of appeal, and the court decided that the legal test was whether a reasonably prudent landowner would have reasonably foreseen of the real risk of damage to neighbouring property.

    So there's plenty of scope for argument.

    Some info on that case: https://www.ltoa.org.uk/resources/legal-cases-involving-trees/211-khan-and-khan-v-1-london-borough-of-harrow-and-2-helen-sheila-kane-2013-ewhc-2687-tcc


    Edit to add...

    (if they were concerned about it as previously branches had fallen etc)
    Originally posted by Tammykitty
    FWIW, I assume the OP is talking about root related damage (i.e. subsidence or heave) - not damage caused by falling branches.
    Last edited by eddddy; 05-02-2018 at 5:13 PM.
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