Tree has Fallen on my Porsche while visiting family's apt
Discussion
Hi all,
My mother lives in a Manor House / Apartment Block with around 20 total apartments. This includes visitors parking, while parked in the visitor parking with 2 other cars, a tree has fallen onto my car, fortunately only scratching the bonnet and a few marks... although causing £5000+ worth of damage to my car. From what I saw it also wrote off a 2020 Range Rover and damaged a BMW quite badly. I was the lucky one.
My excess for insurance is £5000 and I'm a young driver so don't want to claim.
The tree was rotting, I've got pictures of it all.
Currently, they're looking into the policy to see if I'm covered under the home insurance, if not... Does anyone have legal advice?
My mother lives in a Manor House / Apartment Block with around 20 total apartments. This includes visitors parking, while parked in the visitor parking with 2 other cars, a tree has fallen onto my car, fortunately only scratching the bonnet and a few marks... although causing £5000+ worth of damage to my car. From what I saw it also wrote off a 2020 Range Rover and damaged a BMW quite badly. I was the lucky one.
My excess for insurance is £5000 and I'm a young driver so don't want to claim.
The tree was rotting, I've got pictures of it all.
Currently, they're looking into the policy to see if I'm covered under the home insurance, if not... Does anyone have legal advice?
- It wasn't windy last night, just a massive rotten branch fell **
Stone02 said:
Hi all,
My mother lives in a Manor House / Apartment Block with around 20 total apartments. This includes visitors parking, while parked in the visitor parking with 2 other cars, a tree has fallen onto my car, fortunately only scratching the bonnet and a few marks... although causing £5000+ worth of damage to my car. From what I saw it also wrote off a 2020 Range Rover and damaged a BMW quite badly. I was the lucky one.
My excess for insurance is £5000 and I'm a young driver so don't want to claim.
The tree was rotting, I've got pictures of it all.
Currently, they're looking into the policy to see if I'm covered under the home insurance, if not... Does anyone have legal advice?
The company managing the property will have public liability insurance. It's only required to pay out of they've been negligent. They would need to provide some evidence that the tree had been maintained or surveyed in a recent period of time to conclude they'd taken reasonable steps to consider the risk.My mother lives in a Manor House / Apartment Block with around 20 total apartments. This includes visitors parking, while parked in the visitor parking with 2 other cars, a tree has fallen onto my car, fortunately only scratching the bonnet and a few marks... although causing £5000+ worth of damage to my car. From what I saw it also wrote off a 2020 Range Rover and damaged a BMW quite badly. I was the lucky one.
My excess for insurance is £5000 and I'm a young driver so don't want to claim.
The tree was rotting, I've got pictures of it all.
Currently, they're looking into the policy to see if I'm covered under the home insurance, if not... Does anyone have legal advice?
- It wasn't windy last night, just a massive rotten branch fell **
You would provide evidence of the calm weather conditions and potentially signs that the tree was clearly in ill-health.
Stone02 said:
Hi all,
My mother lives in a Manor House / Apartment Block with around 20 total apartments. This includes visitors parking, while parked in the visitor parking with 2 other cars, a tree has fallen onto my car, fortunately only scratching the bonnet and a few marks... although causing £5000+ worth of damage to my car. From what I saw it also wrote off a 2020 Range Rover and damaged a BMW quite badly. I was the lucky one.
My excess for insurance is £5000 and I'm a young driver so don't want to claim.
The tree was rotting, I've got pictures of it all.
Currently, they're looking into the policy to see if I'm covered under the home insurance, if not... Does anyone have legal advice?
I’ve heard of insuring for disaster rather than inconvenience but a five grand excess?! My mother lives in a Manor House / Apartment Block with around 20 total apartments. This includes visitors parking, while parked in the visitor parking with 2 other cars, a tree has fallen onto my car, fortunately only scratching the bonnet and a few marks... although causing £5000+ worth of damage to my car. From what I saw it also wrote off a 2020 Range Rover and damaged a BMW quite badly. I was the lucky one.
My excess for insurance is £5000 and I'm a young driver so don't want to claim.
The tree was rotting, I've got pictures of it all.
Currently, they're looking into the policy to see if I'm covered under the home insurance, if not... Does anyone have legal advice?
- It wasn't windy last night, just a massive rotten branch fell **
Who was negligent?
If you can show that the people responsible for the tree knew it was rotten and likely to fall, and had not taken any action to resolve this you probably have a claim on the 3rd party.
Otherwise, you probably don’t and it’s on you. Your decision to fund the repairs yourself or claim on your insurance policy probably needs some maths.
If you can show that the people responsible for the tree knew it was rotten and likely to fall, and had not taken any action to resolve this you probably have a claim on the 3rd party.
Otherwise, you probably don’t and it’s on you. Your decision to fund the repairs yourself or claim on your insurance policy probably needs some maths.
I imagine the owners of the (written off) Range Rover and BMW will be making claim against the home insurers, and you should probably do the same.
I imagine your own (car) insurer will get to hear about it though, which might push up your premium.
ETA:
https://www.theguardian.com/money/2014/jan/11/stor...
Cars hit by falling trees and roof tiles are covered on the same terms as damage to homes – and a comprehensive policy should payout. If your car was damaged by tiles from a neighbour's roof, you can recover the loss from their insurer
I imagine your own (car) insurer will get to hear about it though, which might push up your premium.
ETA:
https://www.theguardian.com/money/2014/jan/11/stor...
Cars hit by falling trees and roof tiles are covered on the same terms as damage to homes – and a comprehensive policy should payout. If your car was damaged by tiles from a neighbour's roof, you can recover the loss from their insurer
carinaman said:
Muzzer79 said:
Is there a sign up at the car park that says you park there at your own risk?
Most car parks have this.....
How much sway do those signs have in law?Most car parks have this.....
Compare it with the signs in pay and display carparks which are everywhere in big brightly coloured writing. They won't have anything like that at this private estate and you can be sure the reason they're so numerous and bright at the pay and display is for legal reasons.
carinaman said:
Muzzer79 said:
Is there a sign up at the car park that says you park there at your own risk?
Most car parks have this.....
How much sway do those signs have in law?Most car parks have this.....
Miserablegit said:
It won’t cost anything to fix as it didn’t happen.
OP has started a few posts which seemed to be a flight of fancy. Have school holidays started again?
I think sometimes people from companies and organisations use this forum for research. Not looked into this one in particular but they stand out a mile away. OP has started a few posts which seemed to be a flight of fancy. Have school holidays started again?
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