One for the insurers...

[BDZ]

A friend (really) was driving his motor last week when as he was parking up an old tree fell onto the bonnet of his car and smashed the windscreen. He called the cops at the time who advised him (correctly) that it is not technically a reportable accident since there are no injuries, other vehicles, or animals involved and there is no damage to property caused by his car.

His insurer are now refusing to pay out saying that as it was not a reportable accident, they will not pay out for it, leaving him a bit stuck.

Anyone with knowledge of insurance companies able to advise how he ought to proceed?

[bleesh]

I would have said that's bs to be honest!

The incident was "non reportable" in police terms, BUT damage has occurred as a result of an incident, and the insurance co should be paying out.

Unless "your friend" is only insured 3rd party of course, but even then that would be the reason for not paying out as opposed to it being a "non reportable" incident.

^^^^
Common sense approach, so probably wrong.......

[BDZ]

He's now been advised to take action against the council, whose badly maintained tree it was.

As you say, it doesn't seem right.

[Magic919]

Is he covered for damage to his car under his policy?

[awager]

He's not with that company which advertises using silly red phone and mouse is he by any chance?
Sounds like the sort of silly thing that mob would try to get out of their responsibilities.

It is blx basically unless he was only third party.

[Lonely]

Was he legally parked? Who owns the tree? Was there any independent witnesses? Put the report in!

[Jasandjules]

Is his policy fully comp?

Are they saying it was an Act of God?

Was the tree council maintained or on private property?

Does his policy have a legal expenses element?

[EU_Foreigner]

Council tree as per previous post ...

[davidjpowell]

Jasandjules said:

Is his policy fully comp?

Are they saying it was an Act of God?

Was the tree council maintained or on private property?

Does his policy have a legal expenses element?

Act of Gods must be unforeseeable. Old ill badly maintained tree falling down could be foreseen.

[Jasandjules]

EU_Foreigner said:

Council tree as per previous post ...

The question is where he got that from.

And yes, the Act of God is an unforeseen event however the question is what basis the insurer are claiming they need not pay out.... Are they claiming Act of God or what?

Because as I see it on the basis of the OP IF the tree is a council maintained tree then the insurer should (if there is a fully comp policy) pay out to the OP and then seek to reclaim their losses from the council.