A tree fell on my car. Where to start?
Discussion
ferrariF50lover said:
Twig, you'll know. Why is this not an Act of God? Surely if a flood or a hurricane or a twister is outside the insurance remit, the wind blowing over an old, dead tree is too?
There is no such thing in insurance as an act of god. It's an urban myth. Flood, hurricanes etc are all covered by normal insurance. When you insure your house, car etc. If a meteor hits it, you're covered. Unless you live by a river, in which case they might exclude flood. Nothing to do with god, they tell you exactly what they aren't covering. Op's comp car insurance will cover the tree damage. That isn't in question. But what we are talking about here is a claim against a third party. In order to claim against anyone, you have to show they were negligent. They don't have to show they weren't, you have to show they were. So with tiles flying off a roof or trees falling in high winds, that's usually very difficult to prove.
Super Slo Mo said:
they're probably not liable
They are if the tree is on land they are responsible for maintaining and the tree was rotten. Trees don't just become rotten and weakened overnight, they should be inspected on a schedule if there is a risk of injury/damage from them falling over.OP, get some pictures up.
If a good PDR guy can deal with the dents, and some spray work can deal with any scratching then maybe you'll get lucky?
Personally, I'd cover your arse, tell your insurers for info only for now, then proceed to try and claim through Sainsburys. This does mean that even when they pay out, it'll go down as a non-fault claim on your record (so may make a marginal difference to future quotes) but it would mean you're covered if you have trouble with Sainsburys down the line.
I'd then be looking to get two reasonable quotes, ideally you want someone who has paint and PDR in house. If you go to a bodyshop that don't do PDR they'll want to replace your roof etc which will certainly push you into write off territory.
Depending on the level of damage you may get away with this, but will wait for pictures to confirm!
If a good PDR guy can deal with the dents, and some spray work can deal with any scratching then maybe you'll get lucky?
Personally, I'd cover your arse, tell your insurers for info only for now, then proceed to try and claim through Sainsburys. This does mean that even when they pay out, it'll go down as a non-fault claim on your record (so may make a marginal difference to future quotes) but it would mean you're covered if you have trouble with Sainsburys down the line.
I'd then be looking to get two reasonable quotes, ideally you want someone who has paint and PDR in house. If you go to a bodyshop that don't do PDR they'll want to replace your roof etc which will certainly push you into write off territory.
Depending on the level of damage you may get away with this, but will wait for pictures to confirm!
sainsburys would have to be aware that the tree was rotten however to be negligent. I had a similar claim against a school and the local authority got all the trees inspected by a tree surgeon every year and a report was prepared, based on the visual inspection. This particular tree looked visibly fine and it was windy on the night in question (tree fell on passing car).
Sainsburys should also have done the same and have risk assessments etc in place.
The tree may only have looked rotten after it fell down though.. from the outside it may have perfectly fine.
Sainsburys should also have done the same and have risk assessments etc in place.
The tree may only have looked rotten after it fell down though.. from the outside it may have perfectly fine.
Did you get a number for the manager, Im guessing you did, phone him up now and see whats going on and confirm how to proceed next
If there are any issues delay, just get your insurance company involved and read any small print regarding hire cars
Tis a s
tty situation , on the plus side at lease a huge tree didnt fall and risk injury to you
I recently bought a house, kitchen looked dated but seemed functional. We were in the house for 45 minutes when I heard a very loud crash. A kitchen cupboard had fallen off the wall and missed my 3 year old and pregnant partner by inches... They had put a grand total of 6 mugs in the cupboard and the last owner had bodged it on the wall using two tiny non plasterboard screws fittings..... On the one hand I was annoyed we now had a battered kitchen, on the other I was so thankful they were ok as the cupboard could have easily killed my daughter . Not sure why I posted that, but st happens in life and material goods can easily be repaired/replaced. Mondeo is a nice car but there are plenty about to choose from if needs be
If there are any issues delay, just get your insurance company involved and read any small print regarding hire cars
Tis a s
tty situation , on the plus side at lease a huge tree didnt fall and risk injury to youI recently bought a house, kitchen looked dated but seemed functional. We were in the house for 45 minutes when I heard a very loud crash. A kitchen cupboard had fallen off the wall and missed my 3 year old and pregnant partner by inches... They had put a grand total of 6 mugs in the cupboard and the last owner had bodged it on the wall using two tiny non plasterboard screws fittings..... On the one hand I was annoyed we now had a battered kitchen, on the other I was so thankful they were ok as the cupboard could have easily killed my daughter . Not sure why I posted that, but s
t happens in life and material goods can easily be repaired/replaced. Mondeo is a nice car but there are plenty about to choose from if needs be Super Slo Mo said:
Sainsbury's are pretty conscientious in my experience, at least, they have been well regarded by people I've known who work for them.
If it were me, and I appreciate you are not me, I would be phoning up their legal dept first. No doubt the Store Manager has already reported it, but you will get a much better idea of what they are willing to offer if you just ring them up.
Then if you don't get anywhere, get your own insurance company on the case. I would be surprised though if Sainsbury's don't just sort it out for you, although as has been mentioned, they're probably not liable, but as a customer relations exercise they might be willing to help.
You won't know unless you call them.
To be fair also, going and getting a couple of bodywork quotes isn't terribly difficult. I know it's not your fault, but you might have to meet them half way in terms of at least making an effort to solve the issue.
Yeah good post this, I would do this , everyone is different thoughIf it were me, and I appreciate you are not me, I would be phoning up their legal dept first. No doubt the Store Manager has already reported it, but you will get a much better idea of what they are willing to offer if you just ring them up.
Then if you don't get anywhere, get your own insurance company on the case. I would be surprised though if Sainsbury's don't just sort it out for you, although as has been mentioned, they're probably not liable, but as a customer relations exercise they might be willing to help.
You won't know unless you call them.
To be fair also, going and getting a couple of bodywork quotes isn't terribly difficult. I know it's not your fault, but you might have to meet them half way in terms of at least making an effort to solve the issue.
PorkInsider said:
TwigtheWonderkid said:
OP, PH golden rule, whatever this fking clown Yipper says is always bks. He's the PH village idiot. Take the opposite approach and you won't go far wrong.
I can never work out whether his posts are supposed to be comedy or he actually believes the nonsense he posts.king clown Yipper says is always bks. He's the PH village idiot. Take the opposite approach and you won't go far wrong. .
yellowjack said:
Just had a phone call from my wife asking what I've done about it.
She's very upset by this. She was more attached to the car than me to be fair, even though she doesn't drive...
If she is Pining that much about the car it's time to Branch out on your own again, you don't need dead Wood in your life.She's very upset by this. She was more attached to the car than me to be fair, even though she doesn't drive...
Tell her to Leaf it out or your up Sticks and away ....
_dobbo_ said:
I can't see what you've got to lose by phoning Sainsburys or getting a couple of quotes. If they decide not to help out, phone your insurer.
...
/\ Is what I'd do. ...
Worst case, manager says actually I've spoken to legal dept and it's not our fault. At least you have some numbers / facts in your hand before phoning your insurance co.
check with the shop that the incident has been officially recorded and details sent to Head Office etc..
try and get a contact for the Head Office that you can speak to and try and figure out their intentions- as to whether they will pay for the damage without fail if they need to investigate.... etc
try and get a contact for the Head Office that you can speak to and try and figure out their intentions- as to whether they will pay for the damage without fail if they need to investigate.... etc
petrolbloke said:
Similar thing happened to my brother while his car was parked at work. In his case more than half the panels were damaged by the falling tree and the rear window was smashed. The fallen tree was rotten and his employer (or their insurers) paid for the repairs. I don't think he involved his insurers at all.
Assuming the tree was on the supermarket's land, I would pursue them/their insurers directly. Find reputable body repairers in your area and take the car to them to get quotes. If your car is not roadworthy/driveable then you could ask for a courtesy car to use until yours has been repaired.
If you get bother claiming directly then consider going to your insurers.
This.Assuming the tree was on the supermarket's land, I would pursue them/their insurers directly. Find reputable body repairers in your area and take the car to them to get quotes. If your car is not roadworthy/driveable then you could ask for a courtesy car to use until yours has been repaired.
If you get bother claiming directly then consider going to your insurers.
A Sainsbury's tree in a Sainsbury's carpark on Sainsbury's land in Sainsbury's working hours bust a Sainsbury's customer's car and the Sainsbury's manager said the Sainsbury's legal department would take care of it.
Assuming the story is real and accurate, the OP just needs to get on the phone and ask whether they will be paying by cheque or BACS. Get two quotes from local Ford repairers and sit back with a cigar while Sainsbury's dig deep and fix it.
TwigtheWonderkid said:
Hand it over to your insurer. Sounds like a write off I'm afraid.
The manager can say what he wants in order to placate a customer but in law, youl (or your insurers) will have to prove negligence of the tree owners to recover outlay from them. I suspect that's going to be hard. The tree may not have been in good shape but is it reasonable for the supermarket to have known about it before the event.
Unless they admit that the parlous state of the tree has been pointed out to them previously, I doubt they will be liable.
This is why we have fully comp cover. Because bad stuff happens and sometimes it's not anyone's fault.
This is all quite correct except that I expect it quite easy to prove negligence in this case. They will need to show that they have a programme in place where the trees on their property are inspected and if found to be rotten or dangerous that they deal with them. Its the occupiers liability act that deals with this situation, again, I would just leave it to your insurer. The manager can say what he wants in order to placate a customer but in law, youl (or your insurers) will have to prove negligence of the tree owners to recover outlay from them. I suspect that's going to be hard. The tree may not have been in good shape but is it reasonable for the supermarket to have known about it before the event.
Unless they admit that the parlous state of the tree has been pointed out to them previously, I doubt they will be liable.
This is why we have fully comp cover. Because bad stuff happens and sometimes it's not anyone's fault.
Yipper said:
This.
A Sainsbury's tree in a Sainsbury's carpark on Sainsbury's land in Sainsbury's working hours bust a Sainsbury's customer's car and the Sainsbury's manager said the Sainsbury's legal department would take care of it.
Are you saying that if the OP had arrived 5 mins before opening and the tree had fallen, it would have been a different story, as it wasn't during their working hours? A Sainsbury's tree in a Sainsbury's carpark on Sainsbury's land in Sainsbury's working hours bust a Sainsbury's customer's car and the Sainsbury's manager said the Sainsbury's legal department would take care of it.
Edited by TwigtheWonderkid on Friday 5th January 16:32
In this instance I interpret his comments as saying that Sainsbury's will have a hard time trying to evade liability and that the OP has a strong claim.
IANAL and I'm sure that neither is Yipper
As many have already commented I'd work on the assumption that Sainsbury's have admitted liability from their managers comments.
I'd get the quotes asap as requested and put the ball in their court.
IANAL and I'm sure that neither is Yipper
As many have already commented I'd work on the assumption that Sainsbury's have admitted liability from their managers comments.
I'd get the quotes asap as requested and put the ball in their court.
Where abouts in the country are you OP?
You could speak to a local Arboricultural Consultant. I can recommend you one if I know where abouts you are or Pm me for my number and I can give you some info as this is what I do for a living.
Did you get any pictures or the tree where it broke? The context of the site where the tree was and if there were any fruiting bodies?
You would need to find out if there are tree inspections in place, when the tree was last inspected and what condition the tree was stated as being in, if there was any work specified and if that work was carried out.
You could speak to a local Arboricultural Consultant. I can recommend you one if I know where abouts you are or Pm me for my number and I can give you some info as this is what I do for a living.
Did you get any pictures or the tree where it broke? The context of the site where the tree was and if there were any fruiting bodies?
You would need to find out if there are tree inspections in place, when the tree was last inspected and what condition the tree was stated as being in, if there was any work specified and if that work was carried out.
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