Tree has Fallen on my Porsche while visiting family's apt

Tree has Fallen on my Porsche while visiting family's apt

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Discussion

paulrockliffe

15,724 posts

228 months

Friday 24th June 2022
quotequote all
If you try it on with the building insurers they will know that you are not talking to your own insurance company for a good reason. They will also not want to deal with you directly because you don't know anything about insurance, whereas your insurer does.

They may well identify your insurer and notify them, as you are obliged to do. Your insurer will sort the repair and recovery their loss from any relevant insurer.

More likely you'll be given the run around because it's trivial to deny negligence and force you to lawyer up.

Either way your best bet is to inform your insurer.

evil.edna

241 posts

71 months

Friday 24th June 2022
quotequote all
swisstoni said:
That branch has no foliage on it at a time when everything is in full leaf.

I can’t see the state of the tree it fell off, but it was clear that that branch, at least, was dead before it fell off.
Good spot.

Are you the secret love-child of Sherlock Holmes & Capability Brown?

Car 54 where are you

75 posts

63 months

Friday 24th June 2022
quotequote all
I parked in a ‘well known’ hotel car park in Cambridge a few years ago. Just overlooking the ‘green’. Storm. Tree branch broke off and dented roof and others had scratched paint. Got nowhere - Act of God - and had it fixed at my cost. Trying to prove trees neglected- advised legal cost would easily outweigh fixing roof. Good luck.

swisstoni

17,054 posts

280 months

Friday 24th June 2022
quotequote all
evil.edna said:
swisstoni said:
That branch has no foliage on it at a time when everything is in full leaf.

I can’t see the state of the tree it fell off, but it was clear that that branch, at least, was dead before it fell off.
Good spot.

Are you the secret love-child of Sherlock Holmes & Capability Brown?
It’s just elementary.

GT9

6,705 posts

173 months

Friday 24th June 2022
quotequote all
swisstoni said:
It’s just elementary.
Are we looking at the same picture?

The main stem that has broken has about a dozen large branches growing off it with about a million leaves attached.

The break does however look to be at a point where there was some local weakness/rotting.

swisstoni

17,054 posts

280 months

Friday 24th June 2022
quotequote all
GT9 said:
swisstoni said:
It’s just elementary.
Are we looking at the same picture?

The main stem that has broken has about a dozen large branches growing off it with about a million leaves attached.

The break does however look to be at a point where there was some local weakness/rotting.
Moriarty! curse

_Mja_

2,184 posts

176 months

Friday 24th June 2022
quotequote all
This is simples. Either prove the tree was decayed or even better get your legal team on your insurance to prove it was decayed and the owner of the tree is liable.

£5k excess is not relevant - you wouldn't have ticked that option if you could not afford that level of excess.If the owner of the tree is found liable your excess is refunded.




SSBB

695 posts

157 months

Friday 24th June 2022
quotequote all
OnTheBreadline said:
Stone02 said:
Hi all,

scratching the bonnet and a few marks... although causing £5000+ worth of damage to my car.
That's a very high quote for some paint. 5 grand would buy a new bonnet, painted, from Porsche.
How has “only scratching the bonnet and a few marks” turned into a £5000 repair bill?

Japveesix

4,482 posts

169 months

Friday 24th June 2022
quotequote all
Hard to tell from your bizarrely crap blurry photo but it looks like it could be ash and if so may well have Ash dieback disease in which case the landowners would have some responsibility for ensuring the public's safety and removing or making the tree safe.

Pretty hard to tell anything from that pic though

GT9

6,705 posts

173 months

Friday 24th June 2022
quotequote all
SSBB said:
How has “only scratching the bonnet and a few marks” turned into a £5000 repair bill?
Seems OP is equating his excess to the repair bill...

Olivergt

1,344 posts

82 months

Friday 24th June 2022
quotequote all
OP, any pictures of the damage, maybe people can advise on the likely cost of repair? 5,000 does sound quite high if it just the bonnet that is damaged.

MDMA .

8,910 posts

102 months

Friday 24th June 2022
quotequote all
swisstoni said:
GT9 said:
swisstoni said:
It’s just elementary.
Are we looking at the same picture?

The main stem that has broken has about a dozen large branches growing off it with about a million leaves attached.

The break does however look to be at a point where there was some local weakness/rotting.
Moriarty! curse
In swisstoni’s defence, the leaves/foliage look like from the bushes on the ground, not the fallen tree.

KungFuPanda

4,334 posts

171 months

Friday 24th June 2022
quotequote all
The estate Dan prove that they weren’t negligent by showing that they have a regular system of the trees to show that they weren’t dangerous. I’m not well versed as to how regular those inspections have to be with trees. If they can’t provide these, they’d likely be negligent.

Any signs precluding claims for parking on the property can’t preclude the negligence of the owner of the land.

Super Sonic

4,955 posts

55 months

Friday 24th June 2022
quotequote all
If it's just the bonnet, can't you paint it mat black, or pot carbon fiber vinyl on it, or even get a carbon fiber bonnet?

ChocolateFrog

25,539 posts

174 months

Friday 24th June 2022
quotequote all
SSBB said:
OnTheBreadline said:
Stone02 said:
Hi all,

scratching the bonnet and a few marks... although causing £5000+ worth of damage to my car.
That's a very high quote for some paint. 5 grand would buy a new bonnet, painted, from Porsche.
How has “only scratching the bonnet and a few marks” turned into a £5000 repair bill?
Isn't that the starting price when you visit an OPC?

In fairness to the OP I can well imagine a couple of damaged panels on a new Porsche adding up to some vaguely ridiculous figure.

hairykrishna

13,185 posts

204 months

Friday 24th June 2022
quotequote all
Bennet said:
As someone with several large trees on their property, I've informally looked into this several times.

It's not at all clear cut that your fallen tree = your liability.

It's more that the OP (or whoever) would have to demonstrate negligence on behalf of the owner - e.g. ignoring obvious signs of rot or disease. As I understand it, no negligence = no liability. Sometimes trees fall without any obvious signs of any problem beforehand.

There's no legal requirement to have your trees surveyed once per year, or whatever. I gather that typically, folks in the OP's position end up claiming on their car insurance. Random damage from windfall is a great example of why we all need car insurance, and why we all need to make sure our excess is a figure we can afford to pay.

IANALbeads.
I also had a good look into it when we moved as our garden has a few large trees, one of which is basically on the fence line next to a public car park. My conclusion was similar to yours. I had a tree surgeon in to have a look, while he was chopping down one, just to make sure there was nothing obviously wrong. I'm not getting him back every year or whatever though

ncjones

256 posts

216 months

Friday 24th June 2022
quotequote all
My first car was written off my a falling tree. I was 17 so a claim would have had a massive impact. I was parked on a public road and the tree was from within a school grounds. The school insurance covered the cost of replacing the car (less than the damage to your bonnet!) as it was deemed that the tree was rotten, had been in dangerous state for some time, and they were negligent for not having had it checked for so long. Had it fallen the other way it would have gone straight into the junior school classrooms 😬

fred bloggs

1,308 posts

201 months

Saturday 25th June 2022
quotequote all
_Mja_ said:
This is simples. Either prove the tree was decayed or even better get your legal team on your insurance to prove it was decayed and the owner of the tree is liable.

£5k excess is not relevant - you wouldn't have ticked that option if you could not afford that level of excess.If the owner of the tree is found liable your excess is refunded.
£5000 excess, £5000 + repair cost. How much is the + ? Is it £200 or £10,000 ?

Edited by fred bloggs on Saturday 25th June 10:23

OutInTheShed

7,701 posts

27 months

Saturday 25th June 2022
quotequote all
ncjones said:
My first car was written off my a falling tree. I was 17 so a claim would have had a massive impact. I was parked on a public road and the tree was from within a school grounds. The school insurance covered the cost of replacing the car (less than the damage to your bonnet!) as it was deemed that the tree was rotten, had been in dangerous state for some time, and they were negligent for not having had it checked for so long. Had it fallen the other way it would have gone straight into the junior school classrooms ??
Was that in Hampshire?

I'd not be surprised if the knew the tree had a problem and there was a paper trail saying they were considering what to do about it....

People need to realise that insurance companies are not obsessive about arguing the rights and wrongs of small claims like £5k.
They'd rather pay out and move on.

TwigtheWonderkid

43,427 posts

151 months

Saturday 25th June 2022
quotequote all
paulrockliffe said:
If you try it on with the building insurers they will know that you are not talking to your own insurance company for a good reason. They will also not want to deal with you directly because you don't know anything about insurance, whereas your insurer does.
Anyone is entitled to claim directly from a third party insurer, and the third party doesn't have the option of only dealing with other insurers. They have to deal with whoever makes a claim against them.

The reason the OP doesn't want to go thru his own insurance is none of the tp insurer's business, be it a good reason or not. The OP could have had no insurance, and been driving illegally. He would still be entitled to put in a claim for his damage to the tree owner's liability insurers, and if the OP can prove negligence, then the tp insurers would have to pay out.