Damage to garden by neighbour's falling tree - Insurer changing position on coverage

[Pezza54]

It does sound as if you are going to have to make a negligence claim against your neighbour for failing to attend to a precarious slanting tree
Obtain pictures of the tree from streetview in case it is updated without the tree showing.
Contact the tree surgeon you spoke to who said he was concerned about the state of the tree and ask if he is prepared to put his opinion in writing for a court claim

[Edinburgh24]

Thanks.

I already have the pictures stored.

The tree guy has done work for both of us so probably won’t be comfortable getting involved. The neighbour thought this guy had trimmed the tree that fell but he says he hasn’t. The neighbour thinks having the tree trimmed covers him for looking after the tree but having it trimmed is not the same as having as having an arborist examine it for safety.

The view of an insurance company would normally be that if wind does not reach 55mph then a tree that falls can be assumed to have something wrong with it, unless you have a report showing it was in good condition. Indeed Admiral said they might even argue that above that speed a healthy tree should not just fall.

On the basis of this from an insurance point of view the assumption would be that there was something wrong with the tree and the neighbour was negligent by not having it surveyed and dealt with if necessary. Of course a court may not be of the same opinion as an insurance company.

If I don’t hear from the neighbour’s insurer by the time we come back from our holiday I will start by contacting the legal cover people I have through my home insurance and seeing if they will take the case on.