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Car damaged by tree

  • 15-04-2022 2:55pm
    #1
    Registered Users, Registered Users 2 Posts: 1,407 ✭✭✭


    Hi looking for some advice, I was driving my car in the dark and as oncoming cars were coming I didn’t see a tree that was out on the road, I hit the tree and damaged the wing mirror, the tree was on a property, would the landowner be liable for this?



Comments

  • Posts: 1,010 ✭✭✭ [Deleted User]


    You drove into a tree on the side of the road. Learn your lesson, fix your car and be glad it wasn't a pedestrian



  • Registered Users, Registered Users 2 Posts: 7,855 ✭✭✭SuperBowserWorld


    .



  • Registered Users, Registered Users 2 Posts: 716 ✭✭✭macvin


    Unless you can prove that the tree was unstable prior to falling and that the landowner knew it was unstable, there is absolutely no fault on the landowner.

    You, as a motorist should be keeping an eye on the road and surroundings.

    Make sure your lights are clean and use the full beams except when there's oncoming traffic.

    If you take all those precautions and you still hit something, then that's simply an accident where no blame can be apportioned.



  • Registered Users, Registered Users 2 Posts: 84,761 ✭✭✭✭Atlantic Dawn
    M


    If the tree is out on the driving area of the road it should be maintained by the landowner, report them to the local council to start with.



  • Registered Users, Registered Users 2 Posts: 1,407 ✭✭✭upinthesky


    The tree was just lying on the road not sure for how long but when I went to look for my wing mirror there were parts of lights of other cars so looks like I wasn’t the only one, they have since pulled it from the road and placed a cone at the side of the road..



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  • Registered Users, Registered Users 2 Posts: 1,407 ✭✭✭upinthesky


    I might add that it was nighttime and there was oncoming traffic on a 80km straight stretch of road, it was more like the branches were out on the road and not the full tree..



  • Registered Users, Registered Users 2 Posts: 1,453 ✭✭✭sam t smith


    Are we talking about a large branch that fell off a tree onto the road? Or a tree that fell over onto the road? Or a branch from a tree that was over handing the road?



  • Registered Users, Registered Users 2 Posts: 1,407 ✭✭✭upinthesky


    Picture might help



  • Registered Users, Registered Users 2 Posts: 5,267 ✭✭✭mikeecho


    Suck it up.



  • Registered Users, Registered Users 2 Posts: 251 ✭✭Bigserious1


    I'd feel annoyed too to be honest. If it's an 80km speed stretch you would not be expecting that in the dark.

    Are you sure it's growing from inside someones property line?



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  • Registered Users, Registered Users 2 Posts: 19,102 ✭✭✭✭Del2005


    We haven't had any storms recently so that looks like the tree was unstable so should have been removed or cut back. No harm in contacting your insurance to chase up the land owner.



  • Registered Users, Registered Users 2 Posts: 34,216 ✭✭✭✭listermint


    Probably would have seen that myself on a long straight stretch of road. Especially at nighttime . More concentration.



  • Registered Users, Registered Users 2 Posts: 24,559 ✭✭✭✭lawred2


    Some things just happen. It's unfortunate. But I think you should just get on with it.



  • Registered Users, Registered Users 2 Posts: 20,832 ✭✭✭✭Donald Trump



    Could also be that it had been down for a while. In which case there would definitely be fault.



  • Registered Users, Registered Users 2 Posts: 27,051 ✭✭✭✭Dempo1


    Have to say, that looks like it's been down a while, would this not be a road maintenance issue (just curious), I'm not seeing any obvious entrances into a private property, is the property a field or private residence 🤔 its highly likely the property owner wasn't even aware of this.

    Honestly in the over all context of things, I can't see OP successfully claiming against a property owner in these circumstances, it's not as if the tree is lying across a main road IMO.

    Is maith an scáthán súil charad.




  • Registered Users, Registered Users 2 Posts: 1,453 ✭✭✭sam t smith


    The picture isn’t great, but is it actually a tree? Or a large bush?



  • Registered Users, Registered Users 2 Posts: 1,492 ✭✭✭JustJoe7240


    In which you slow down or stop until you can pass it safely, Had a tip with a lady who crossed the centre line to pass a cyclist, She couldn't grasp how she was at fault.



  • Registered Users, Registered Users 2 Posts: 20,832 ✭✭✭✭Donald Trump



    The owner has to take reasonable steps under the 1993 Road Act that vegetation etc. is not a hazard to people using a public road.

    If a branch blows down and someone crashes into it straight after, and where the tree was otherwise healthy, then there was nothing the landowner could reasonably have done. Had the tree lain there for a week, then it would have been reasonable that they remove it!


    Section 70 (2) a

    The owner or occupier of land shall take all reasonable steps to ensure that a tree, shrub, hedge or other vegetation on the land is not a hazard or potential hazard to persons using a public road and that it does not obstruct or interfere with the safe use of a public road or the maintenance of a public road.



    OPs issue would be in proving that the tree being there indicated absence of "reasonable care"



  • Registered Users, Registered Users 2 Posts: 27,051 ✭✭✭✭Dempo1




  • Registered Users, Registered Users 2 Posts: 18,067 ✭✭✭✭fryup


    you'd want to be very mean spirited to take a landowner to court over a wing mirror (imo)

    take the tree to court



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  • Registered Users, Registered Users 2 Posts: 1,407 ✭✭✭upinthesky


    Thank you all for your input, I wasn’t or would not dare sue anyone for something so small, I’d have to end up in hospital to sue anyone for anything!


    I was just curious as to the situation the wing mirror will cost approximately 100euro so not too bad but nearly a day’s wage for me.

    There is a house behind that hedge they own the whole stretch of road there, I was just seeing would I have a right for them to cover the cost that’s all but I will just sort it myself!



  • Registered Users, Registered Users 2 Posts: 984 ✭✭✭Still stihl waters 3


    While I agree with you I'd be inclined to report the tree to the council, it needs to be cut back more in case it causes a more serious accident



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 50,890 CMod ✭✭✭✭magicbastarder


    they'd want special branch to investigate the issue first though.



  • Registered Users, Registered Users 2 Posts: 1,407 ✭✭✭upinthesky


    Lol



  • Registered Users, Registered Users 2 Posts: 1,194 ✭✭✭Jarhead_Tendler


    It definitely sounds like the home owners fault.Some people can be so inconsiderate with where they plant their trees. Call in to them and let us know how you get on.

    After seeing the picture I do feel bad for you. I had imagined you swerved off the road and hit a bit of a tree coming out of somebodys garden. That is unlucky



  • Registered Users, Registered Users 2 Posts: 25,038 ✭✭✭✭Wishbone Ash


    It's highly unlikely that the present property owned 'planted' the tree. It's probably part of a hedgerow that has been there for centuries.



  • Registered Users, Registered Users 2 Posts: 1,194 ✭✭✭Jarhead_Tendler


    I was not being serious in the first part of my post



  • Registered Users, Registered Users 2 Posts: 25,038 ✭✭✭✭Wishbone Ash




  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 50,890 CMod ✭✭✭✭magicbastarder


    He was just not being (w)holly serious.



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