Just heard today a huge tree fell from a fellow cyclists property onto another neighbours car and crushed it,neighbour isnt happy,council came out and cut up tree but only the part overhanging from the property, not the bit still in the garden, the tree surgeons also said there would be a large bill from the council for their time and clear up gangs on the way.

Bummer

That’s what insurance is for, isn’t it?

Insurance

Did he get the logs?

I know someone who’s car was damaged by tiles blowing off his neighbours roof. Apparently the neighbours insurers refused to pay out because wind speeds that night had been above a certain level therefore they were no longer liable. Not sure how that works? Hopefully not an issue in this scenario.

whos insurance, car owners, home owners,does home insurance cover trees

Bill the council for the logs.

I know someone who’s car was crushed by a tree falling while parked in their work car park, neither insurer would pay out as apparently it was, in insurance terms, ‘an act of God’!

I know someone who’s car was crushed by a tree falling while parked in their work car park, neither insurer would pay out as apparently it was, in insurance terms, ‘an act of God’!

Happened to my father too. It was a few years back and he wasn’t at work, he was in the pub, and the tree was within the grounds of a now gone out of business DIY retailer. But neither his car insurance or the retailers insurance would pay out because they classed it as an act of god.

I know someone who’s car was crushed by a tree falling while parked in their work car park, neither insurer would pay out as apparently it was, in insurance terms, ‘an act of God’!

There is no such thing in “insurance terms”

No policy of any type will have this exclusion.

They may not have honoured the claim, but that was not given as the reason.

I know someone who’s car was crushed by a tree falling while parked in their work car park, neither insurer would pay out as apparently it was, in insurance terms, ‘an act of God’!

There is no such thing in “insurance terms”

No policy of any type will have this exclusion.

They may not have honoured the claim, but that was not given as the reason.

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This

Car insurance will pay for damage to car. If homeowner legally liable (can be more complex than you might imagine) then his home insurance will reimburse the car insurer for their payout and the car owner for any excess.

I’m in a similar position (see my other post about my van being written off by a neighbours fire). My insurance has paid out to me (only part of value, but that’s another story) they have lodged it against my insurance because they have to be able to prove negligence from the other party.
In the tree case they’d have to prove that the tree was in (or likely) to be in a dangerous condition.

So what if a tree from a neighbours property damages the property next door…but here’s the clincher…the tree has a council preservation order on it,….who is to blame ??

“who is to blame ??”

The person with responsibility for the tree – the landowner. Dead or dangerous trees can be cut down…

In Scotland the council has powers (Roads Scotland Act 1984 S91) to serve a notice on landowners to deal with trees likely to fall onto a road. Or in immediate danger to deal with it and bill the landowner.

Depends on a competent council of course. My dad informed our council of a mature beech with fire damage around it’s base adjacent to a road leading to the local school. Some council tree guy looked at it and agreed it was dangerous. Nothing was done. Some months later a gale blew it down and it landed on couple of school kids hospitilising one of them.

This may give a few clues on how to handle the situation. 🙂

”The Man Who Sued God”

House insurance.

Happened to a huge tree in my grandparents front garden, crushed a detached double garage with cars inside .

If the tree has a TPO…you can still take it down, you just need to get a competent person to state that it needs doing. Don’t even need to apply for permission if it’s truly dangerous or dead. Alternatively if you do apply for permission and it’s refused, you can sue the local authority.

We had no problems applying for permission to cut down a tree in a national park (no TPO though) which I though (though I’m no expert) might be getting dangerous.

Car insurance pays for damage, tries to claim back off property owner.

If it can be shown that the property owner was negligent – he knew or should reasonably have known that the tree posed a risk – then he or his household insurers will pay out.

Further complicated by strength of wind – if it fell off with a bit of breeze, rather than the a storm, he may have thought to get it checked.

IANAL but I used to be an insurance claims manager.

Parents neighbours are having fun as they have a tree that sheds small branches onto the street, and were worried about such a situation, so wanted the tree crown reducing in size to reduce the risk. The council won’t let them as the tree is protected. The council have failed to grasp that by refusing permission they have potentially taken on the liability should anything happen. (IANAL but my best mate is a H&S advisor for the neighbouring authority)

If you have big/overhanging trees, get them checked every few years by an expert for your own, and your insurers, piece of mind.

Tiles fell off my roof onto my van. In fact literally embedded in the windscreen. House insurance told me to whistle.

Tiles fell off my roof onto my van. In fact literally embedded in the windscreen. House insurance told me to whistle.

As it’s damage to your own property it probably isn’t covered unless you have the accidental damage add on (which most insurers sell separately as a bolt on).

Tiles fell off my roof onto my van. In fact literally embedded in the windscreen. House insurance told me to whistle.

That’s because your car isn’t covered on your house insurance, you claim for the vehicle damage on your vehicle insurance, and they may (or may not) persue your house insuarance for the cost of the damage.

MCTD – the tree has a history of limb loss. If it over hangs a busy area, particularly where people linger, there is a good case for dead wooding or crown reduction. If it just over hangs the compost heaps and only next doors cat is at risk, not much of a case for doing any work.

Timber – fair point of course.

The council has overlooked the fact that in 2008 the previous occupant – a councillor! – was granted permission for similar work. But the current elderly occupiers are still worried sick they will be sued if there was an accident, although they have clearly done all they could reasonably do to avoid it happening, so wouldn’t be liable.