Tree Fell on Van

[jme85]

A tree fell on my dad's van outside his house. Is he able to claim from the council for the damage it caused?

[atticus]

Is the van insured against such damage?

[echat11]

Is it a Council owned tree? If so the answer would be yes, I'd 'caveat' that we need more information.

Council's have Public Liability Insurance, but will no doubt try to 'rebuff' claims e.g. it's the wrong type of tree etc. They'll come up with something.

[jme85]

I am not sure, but even if it is, it would count against him to make a claim on his own insurance. Hence why I am thinking the council route

[jme85]

It is a council owned tree. They came to remove it from his van. We have been struggling to get in touch with anyone from the council. It's Greenwich council.

[echat11]

It is a council owned tree. They came to remove it from his van. We have been struggling to get in touch with anyone from the council. It's Greenwich council.

O.K. you will need evidence, pictures, videos, statements from neighbours would be good etc. Provide as much detail as possible.

https://www.royalgreenwich.gov.uk/di...5204/insurance

Please update the thread.

[PallasAthena]

My understanding (but I'm not a lawyer) is that although councils - any landowner - are generally liable for damage caused by trees on their land falling they may have a defence to claims against them if they can show they had a proper system for inspecting trees and they could not reasonably have known that the tree in this case posed a danger.

So the circumstances that caused it to fall and the council's own systems for checking trees are safe will influence the response they give to any claim your dad makes.

[echat11]

My understanding (but I'm not a lawyer) is that although councils - any landowner - are generally liable for damage caused by falling trees they may have a defence to claims against them if they can show they had a proper system for inspecting trees and they could not reasonably have known that the tree in this case posed a danger.

So the circumstances that caused it to fall and the council's own systems for checking trees are safe will influence the response they give to any claim your dad makes.

I wonder if the recent 'high winds' has weaken the tree causing it to fall.
I'm sure the Council will ask the OP if they have their own insurance.

[PallasAthena]

I'm sure the Council will ask the OP if they have their own insurance.

I expect they will but I would tell them it's none of their business. There's no rule of law that says I have to claim on my insurance instead of claiming against the council. Whether I've chosen to buy Own Damage vehicle cover is not relevant to the council's legal liability to me. And, from my POV, there are good reasons not to claim on my insurance if I am entitled to recover from the council. Potential loss of No Claims Bonus and higher future insurance premiums.

But in any case if my insurers paid me they would have subrogation rights to recover from the council what they paid me so if council is liable it will end up footing the bill for my damaged car anyway. They don't gain anything from trying to get me to claim on my insurance.

[atticus]

It may, however, be a term of the policy that the insurer should be notified.

[PallasAthena]

It may, however, be a term of the policy that the insurer should be notified.

Yes indeed, it almost certainly will be even if you make no claim.

A pernicious practice of insurance companies, sadly for OP's dad, is that when you report an incident but make no policy claim the insurer will still seek to increase your premium. Their "justification" is that even though you have made no claim if someone suffers one incident of damage they are statistically more likely to suffer damage a second time. Goodness knows how that applies to a tree falling on you, but that's the insurance industry for you.

But not reporting it is worse as it could allow the insurer to deny any future claims.

[echat11]

I expect they will but I would tell them it's none of their business. There's no rule of law that says I have to claim on my insurance instead of claiming against the council. Whether I've chosen to buy Own Damage vehicle cover is not relevant to the council's legal liability to me. And, from my POV, there are good reasons not to claim on my insurance if I am entiled to recover from the council. Potential loss of No Claims Bonus and higher future insurance premiums.

But in any case if my insurers paid me they would have subrogation rights to recover from the council what they paid me so if council is liable it will end up footing the bill for my damaged car anyway. They don't gain anything from trying to get me to claim on my insurance.

Exactly that, they will do everything to 'frustrate'. They will try to get the OP to claim on their own insurance, regardless of the facts.

[echat11]

It may, however, be a term of the policy that the insurer should be notified.

It will definitely say that, no reason not to tell them that.

I wonder if the OP has legal expenses on their insurance.

[atticus]

Although at least with a claim on his own insurance the vehicle owner will not have to prove negligence by the council. He should bear in mind that if a claim against the council fails, the time taken may mean that he is out of time to claim on his insurance.

[echat11]

Although at least with a claim on his own insurance the vehicle owner will not have to prove negligence by the council. He should bear in mind that if a claim against the council fails, the time taken may mean that he is out of time to claim on his insurance.

If he tells his insurance company and asks them what's the latest he can lodge a claim, then pushes the Council, if they use the 'dark arts', then a week before the date given by the Council, lodge a claim with his insurance company.