Discussion
Hi guys just after some advice. Unfortunately i hit a rather large tree this morning on the way to work. The tree had fallen down across the road on a bad corner. The road is a country lane with a speed limit of 60mph I was travelling around the corner around 40mph. I got around the corner to find the tree lead across the road and bang drove straight into it. I rang the police and let them know about the tree. They informed me that they all ready new about the tree and had road blocks at both ends of the road. The road is aprox 2.5 miles long. I live on the road that the tree had fallen and no one informed us of any dangers on the road. There weren’t any signs or any form of warning coming up to the tree. When the police came I asked him why there wasn’t any form of warning he replied with "the wind would blow them away." I had my car towed back to my house and rung my insurance company. They said it would be good if I could get some pictures of the tree and the road blocks. I went down to the road block were there was a few cones and a sign. If they had a sign there why couldn’t they have one near the tree? There are a few houses on the road and two of them nearly drove into the back of me but I waved them down before the tree. I now have a squashed car and don’t know how or who I can claim off. I don’t want to claim on my own insurance as I will loose 4years no claim which is very handy when your 21. Any advice would be great.
Thanks Tom
Thanks Tom
I don't really understand the question - you clearly went around the corner too fast if you didn't have time to stop for a stationary object in the road, so the accident was 100% your fault. You claim off your insurance in the same way you would for another other "at fault" accident, surely?
If you don't want to use your own insurance, you pay out of your own pocket.
If you don't want to use your own insurance, you pay out of your own pocket.
tbanks said:
Hi guys just after some advice. Unfortunately i hit a rather large tree this morning on the way to work. The tree had fallen down across the road on a bad corner. The road is a country lane with a speed limit of 60mph I was travelling around the corner around 40mph. I got around the corner to find the tree lead across the road and bang drove straight into it. I rang the police and let them know about the tree. They informed me that they all ready new about the tree and had road blocks at both ends of the road. The road is aprox 2.5 miles long. I live on the road that the tree had fallen and no one informed us of any dangers on the road. There weren’t any signs or any form of warning coming up to the tree. When the police came I asked him why there wasn’t any form of warning he replied with "the wind would blow them away." I had my car towed back to my house and rung my insurance company. They said it would be good if I could get some pictures of the tree and the road blocks. I went down to the road block were there was a few cones and a sign. If they had a sign there why couldn’t they have one near the tree? There are a few houses on the road and two of them nearly drove into the back of me but I waved them down before the tree. I now have a squashed car and don’t know how or who I can claim off. I don’t want to claim on my own insurance as I will loose 4years no claim which is very handy when your 21. Any advice would be great.
Thanks Tom
This is why we HAVE insurance IMO. Sometime life sucks.Thanks Tom
Act of God so your insurance probably won't cover it. 
Actually come to think of it. It would be an act of God if the tree fell on to the car. If he drove into a felled tree bacause he was driving too fast for the conditions he could be looking at Due Care and Attention as well as his insurance saying "driver error = jog on". Did the Police turn up?
Actually come to think of it. It would be an act of God if the tree fell on to the car. If he drove into a felled tree bacause he was driving too fast for the conditions he could be looking at Due Care and Attention as well as his insurance saying "driver error = jog on". Did the Police turn up?
Edited by Liquid Knight on Thursday 5th January 16:26
but surely there should be some kind of warning coming up to a object that size in the middle of the road. The first thing my parents ask was if i was speeding i use this road everyday and i know it is a bad corner which is why i slowed down but you cant expect me to crawl arounf the corner just in case theres something on the road.
tbanks said:
but surely there should be some kind of warning coming up to a object that size in the middle of the road. The first thing my parents ask was if i was speeding i use this road everyday and i know it is a bad corner which is why i slowed down but you cant expect me to crawl arounf the corner just in case theres something on the road.
The weather didn't give you any hints ? Someone has to be the first to find any obstruction. Local knowledge tends to remove excuses, not create them.
k off tree in the middle of the road.Du1point8 said:
would this not be off the owner of the tree?
or is it classed as act of god and needs to be claimed off the car owners insurance?
IIRC (it's been a while since I worked in insurance) it will be classed as an act of god as the OP hit the fallen tree. If the tree fell onto the car it may be different but only if the 'owner' of the tree could be proved negligent (ignoring rot or damaged branches for example). or is it classed as act of god and needs to be claimed off the car owners insurance?
It's a crappy situation but the OP is just going to have to suck up the cost or claim on his insurance.
Edited by Muncle Trogg on Thursday 5th January 16:33
tbanks said:
but surely there should be some kind of warning coming up to a object that size in the middle of the road. The first thing my parents ask was if i was speeding i use this road everyday and i know it is a bad corner which is why i slowed down but you cant expect me to crawl around the corner just in case theres something on the road.
The warnings were there. Trees moving in the wind, wet floor, "blind corner". You need to drive to the conditions at the time. Knowing there's a hazard there or not doesn't matter (ask anyone involved in Law "Ignorance is no Defence"). You should have been traveling at a speed that allowed you stop in case of emergency. If it had been a horse and rider, cyclist, dog walker, rambler or random person doing the walk of shame instead of a tree you could be looking at Causing Death by Careless Driving instead of a repair bill. I'd consider myself very lucky if I were you.Edited by Liquid Knight on Thursday 5th January 16:45
Simple rule I've always tried to live by - you must always be able to stop in the distance you can see to be clear. Doesn't always work, especially if things jump out in front of you, but should (should....) save you from hitting static obstructions, broken down/crashed vehicles, roadworks, horses etc.
tbanks said:
but surely there should be some kind of warning coming up to a object that size in the middle of the road. The first thing my parents ask was if i was speeding i use this road everyday and i know it is a bad corner which is why i slowed down but you cant expect me to crawl arounf the corner just in case theres something on the road.
I'm genuinely shocked that you ever passed a driving test with that attitude - the first and probably most important rule of driving is you should be able to stop in the distance you can see to be clear. Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff