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Tree Fell on Van

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  • #16
    I'm always amazed, and a bit bewildered, by people who have insurance but then don't use it.

    If worried about losing a no claim bonus, why not protect it?
    And if the insurers are a reputable company one claim shouldn't make a deal of difference at next renewal.
    The vehicle will be repaired faster by lodging a claim with the insurers than pursuing the council for a possible negligence claim, and you will avoid all that stress

    Isn't there a phrase about keeping a dog and not barking yourself

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    • #17
      Originally posted by des8 View Post
      I'm always amazed, and a bit bewildered, by people who have insurance but then don't use it.

      If worried about losing a no claim bonus, why not protect it?
      And if the insurers are a reputable company one claim shouldn't make a deal of difference at next renewal.
      The vehicle will be repaired faster by lodging a claim with the insurers than pursuing the council for a possible negligence claim, and you will avoid all that stress

      Isn't there a phrase about keeping a dog and not barking yourself
      A claim is going to put next years premium up, it's how it works.
      Only way to find out how much, lodge a claim.

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      • #18
        I suppose a new van will be be cheaper.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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        • #19
          Originally posted by jme85 View Post
          A tree fell on my dad's van outside his house. Is he able to claim from the council for the damage it caused?
          You can claim for anything but to be successful you generally have to prove that the council were negligent...

          Presumably there was no indication that the tree was dangerous or might fall beforehand otherwise your dad wouldn't have parked within falling distance of it? In which case how could the council have known beforehand and thus be negligent?

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          • #20
            Originally posted by HariSeldon View Post

            You can claim for anything but to be successful you generally have to prove that the council were negligent...

            Presumably there was no indication that the tree was dangerous or might fall beforehand otherwise your dad wouldn't have parked within falling distance of it? In which case how could the council have known beforehand and thus be negligent?
            Things like maintenance, when was the last time the tree had branches cut? when was it last inspected? when was it last measured? did it have any tree diseases?

            Councils have protocols on Council owned trees (random Barnet) -

            https://www.barnet.gov.uk/sites/defa....11.17_pdf.pdf

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