Downed tree branch scuff/scratched my car!

PG4000

Hi folks,

I awoke to a nice crashing sound this morning which forced me to look out my window to see a nice big tree branch lying in my garden a couple of inches from my car....

Close call was my initial reaction as another foot or so to the right, and my car could have had at the least a nice new big dint on the roof. So I went out for a look and saw that there were a couple of new scratches and a nice scuff mark on the panel near the rear wheel.

Just wondering, seeing as though the tree in which the branch was blown off was out on the street, could the council be liable to pay any repairs I get done on the scratches? Has anyone had any damage done by downed trees/branches and got payment from the council?

And please, helpful posts only, none of that, "FFS, it was an act of god. Stop trying to scrounge of your local council."

I'll get it repaired anyway but if they are indeed liable, why should I have to pay?!

Drummerboy08

I think it would be classed as an act of god, so yes, you have already answered your own question.

mike65

It was very gusty, a branch gave way. Do you really expect the CC to check every last twig?

rocknchef

thats funny I was only thinking about this on my drive into work

tin79

Similar thing happened to me a while ago. One night during last autumn it was really windy and rainy and a load of wet leaves got blown off a tree and got in through my open sunroof and ruined my upholstry.

i contacted the council but they would not accept responsibility for the leaves coming off the tree.... mad i was!


.....no not really.

Alun

Despite all the jokes, it is actually the local council's responsibility to ensure that all it's trees are healthy and in good condition and don't pose a danger to the public, so if, for example, the branch in question was rotten or weak and could have fallen down and injured someone, then yes, it is their responsibility I'm afraid.

Cookie_Monster

You don't need to involve the council at all. Just take God direct to the small claims court and you'll get your money.

PG4000

So much for helpful responses... I asked a question, wanted a serious answer and got the usual tripe that has been flooding this forum lately.

Pedro K

Well, actually.

I came across a claim before where a tree fell on to a car as it was driving and the two occupants were injured, one very badly.

The insurance company looked to recover the outlay from the owner of the tree and sent out experts to check the state that the tree was in.

Truth be told, I don't know how said claim ended, but if the insurance company can go after the owner of a tree for it, I don't see why they couldn't go after the council if they can prove the tree wasn't maintained properly.

Seth Brundle

Alun wrote: »

Despite all the jokes, it is actually the local council's responsibility to ensure that all it's trees are healthy and in good condition and don't pose a danger to the public, so if, for example, the branch in question was rotten or weak and could have fallen down and injured someone, then yes, it is their responsibility I'm afraid.

I'm sure that there is an element of reasonable expectation here also (as per Mike's post)

mike65

Sometimes crappy things happen and no one can be sued with any plausibility (not that would stop plenty in Ireland though)

Nonoperational

These things happen. Id see some case if you drive into a large pot hole or something that shouldnt be there, but the wind knocking a branch off a tree? You'd have no luck if you go suing for that sort of thing.

antodeco

Ive twigged it! Get onto your local CC branch. Stick with them. They'll probably just tell you to leaf it, but I wood make sure they knew my bite was as bad as my bark.


Sorry, couldnt resist.

In all honesty OP, there isint much that can be done. If a branch fell from your garden onto a neighbours car, what would the situation be then? Im pretty sure all insurance policies have the usual "act of god" section in them. Are the dents/scratches bad?

Del2005

PG4000 wrote: »

Hi folks,

I awoke to a nice crashing sound this morning which forced me to look out my window to see a nice big tree branch lying in my garden a couple of inches from my car....

Close call was my initial reaction as another foot or so to the right, and my car could have had at the least a nice new big dint on the roof. So I went out for a look and saw that there were a couple of new scratches and a nice scuff mark on the panel near the rear wheel.

Just wondering, seeing as though the tree in which the branch was blown off was out on the street, could the council be liable to pay any repairs I get done on the scratches? Has anyone had any damage done by downed trees/branches and got payment from the council?

And please, helpful posts only, none of that, "FFS, it was an act of god. Stop trying to scrounge of your local council."

I'll get it repaired anyway but if they are indeed liable, why should I have to pay?!

If you've taken plenty of pics of the branch beside the car showing the damage you can call your council and ask if they will cover the damage. If you've no pics I'd say you'd be doing well.

Gran Hermano

Before calling the council with photographic evidence get a police report, see if you can get an incident report from the Special Branch.

partyatmygaff

Gran Hermano wrote: »

Before calling the council with photographic evidence get a police report, see if you can get an incident report from the Special Branch.

:pac:

Johnny Utah

Ah lads, stop with the silly puns; we'll never get to the root of this problem.