The tree in question belongs to the adjacent development. The tree is in their communal area (and therefore is not owned by an individual). The tree fell into our communal area where my car was parked (my car was not parked in a designated parking bay btw)…
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /><o:p></o:p>My insurance co said it would be highly unlikely that there would be a successful claim against the insurers of the grounds next door…<o:p></o:p>How does this sound to you guys?? What are my options…? Anyone experienced anything similar? Any legal beagles out there!!!<o:p></o:p> <o:p></o:p>
See the offending tree and the damage [::(] caused… http://picasaweb.google.co.uk/mikefromguildford/CarBranch#
If it is a housing development then I would suggest it is the responsibility of the Factors who look aftair said development.
The residnets will all pay and annual fee to a factor for the upkeep of communal areas, gardens, trees shrubs etc.
Dont know the ins and outs of Insurance liability on this but this is where I would start.
Maybe a friendly door knowkc on a resident of the developement and they will give you the name of the factor.
Best of luck
Buildings Insurance will not pay for the repairs to your car. The area may have have public liability insurance, but I have not a clue how you would claim against this - your insurance company would be able to advise.
First thing is probably to ditch your insurance company’s legal help, and get a third party company involved.
Roadsidelawyer are free and seem to be good, maybe give them a phone/email and see what they say.
Alternatively, there are plenty of ones that will happily take your money
I rather suspect this will be fobbed off as everybody’s favorite; “act of god”, but you could always try approaching the landowner.
I wish I had some really useful advice I could give you, but alas not. Just wanted to say I really sympathise with you - my mk1 was written off in a crash end of last year, and that was bad but at least someone was liable. I wish you the very best of luck getting this sorted [}] let us know how you get on.
Here’s what www.roadsidelawyer.co.uk had to say…
“If you can show that the tree had not been maintained then you could have a claim. Otherwise it’s classed as an ‘Act of God’ and you should claim on your motor policy.”
Better watch out for this God guy…
Ever watch the film “The Man Who Sued God” with Billy Connolly? [:)]
As above I think the only chance you’ve got is if the property has public liability insurance and the tree hasn’t been maintained. Attempting to reclaim this money will be on your legal covers “Too hard to do” list unfortunately. If you’re in the AA or RAC you get free legal cover as well - may be worth contacting them.
I asked my father in law who is a solicitor of many years experience about this.
Basically they are very liable form the details I was able to give him.
This is very unlikely to be an act of god. Trees are known to grow and need maintenance so they cant get out of it that way. They charge the residence a fee to maintain the property other wise you would have to pursue the person who’s property it was and who has liability of maintaining the grounds.
Basically trees only fall down form a a bit of snow if they were dangerous anyway will be the view taken. If the tree had fallen on a person people wouldn’t be so nonchalant about liability but it could have happened.
Due to the value involved (too low to recover costs as below £5k) my father in law said to go to citizens advice and get the forms. Find out who are the freehold holders of the grounds and thus liable (ask citizens advice about who it is or maybe ask one of the people who live there). Write a letter to them and then fill out the forms for a small claims court summons.
This is not your problem but you will need to fill out some forms and put together the evidence as to it being their badly maintained dangerous tree that fell on your car.
Hope this helped
Best of luck
Cheers. Why are these things so complicated [8-)]
Always handy to be related to someone in the legal profession.