Fallen tree branch cracked my windscreen!

[Zead]

A fallen branch from a council tree has cracked my windscreen. My car was parked on my drive. It is not fully comp insured so I can't claim on that. Does anyone think I can claim against the council. The trees are constantly dropping smaller dead woody bits but this is a live branch, I still have it as evidence. Any advice gratefully received.

Z

ps posted here as couldn't find a discussion tag suitable

[Defcon5]

Would it be classed as an act of god?

[Boba Fret]

so the car was on your drive and you want to sue the council?

By that reckoning you want council workers (who YOU pay for don't forget) to check every branch or every tree in the area?

Land

Cloud

Cuckoo

rearrange the words

[LuS1fer]

Just "stick" it back together and go with the phloem.

To sue the Council you would have to prove they were negligent. Good luck with that.

[Jgtv]

I remember when things like this used to just be considered accidents and people didn't automatically look for someone to blame.

Get Gavin from Autoglass out and get a new windscreen, jobs a good un.

[Zead]

Boba Fret said:

so the car was on your drive and you want to sue the council?

By that reckoning you want council workers (who YOU pay for don't forget) to check every branch or every tree in the area?

Land

Cloud

Cuckoo

rearrange the words

why not? but it's hardly sueing is it, this is England, they must have insurance cover for accidents. And what difference does it make if I am parked on my drive or on the road, if a car ran off the road and hit my car on the drive, it would still be liable.

I pay my council tax and expect the trees to be pruned every now and then. They are so overgrown they are quite dangerous the amount of debris that comes out of them. It's a reasonable thing to ask, but if you haven't got any thing constructive to say or experience in the matter then I don't need you sarcasm.

[garrykiller]

i'd write to your local council, include some pictures and the estimated cost, hope for the best. you never know you might get lucky. my mate claimed for a similar thing but his car was parked on the street. got a check through the post for the cost of the new windscreen.

[Boba Fret]

Zead said:

, they must have insurance cover for accidents..

go on then, prove their negligence.

[GroundEffect]

Why aren't you fully comp?

[Zead]

Jgtv said:

I remember when things like this used to just be considered accidents and people didn't automatically look for someone to blame.

Get Gavin from Autoglass out and get a new windscreen, jobs a good un.

I know I come from that time too, but £850 for a new screen form Gavin was a bit of a shock so I need help as I am not a banker

[LuS1fer]

I can be more constructive. I will cost you around £80 (maybe more now) to start a small claims and this doesn't cover anything bar issuing the proceedings. Look forward to mediation and trial fees with little prospect of success as the Council don't own the wind and can't really be expected to prune every tree on their land given their resources. At the end of the day they can't stop the tree growing through the force of nature and I suspect would only be obliged to do something if it became dangerous.

I sympathise but most courts would just say you took the risk when you insured third party which has a built-in glass element.

[Zead]

GroundEffect said:

Why aren't you fully comp?

it's a 12 year old car worth £1500 at best.

[Cyder]

Zead said:

GroundEffect said:

Why aren't you fully comp?

it's a 12 year old car worth £1500 at best.

No need for the rolleyes surely? My insurance was actually cheaper to go FC than TPF+T.

[mgtony]

Some councils have have a constant flow of claims from people who claim they were sitting in a park under a tree and were hit by a falling branch. Some will get paid out by the council as it easier than trying to defend the claim. This mean employing gardeners who have to inspect all the trees and try and predict which branches "might" pose a threat.
If the branch that hit your car had been dead, then maybe you'd have a chance of claiming for the windsceen. You could try a letter to the council.

[MitchT]

If it's a council tree then the branch was probably thrown by a chav squirrel.

[GroundEffect]

Zead said:

it's a 12 year old car worth £1500 at best.

Then if you don't think it's worth it, it's the risk you take. st happens.

[Chrisw666]

When you work out who to sue, repeat the process for French trees in the middle of nowhere. Let me know how you get on as I am still £3,500 out of pocket.

[jj333]

I seem to recall seeing a claim a few years back for a falling conker which had hit someone on the noggin, the claim somehow ran into thousands but thankfully was defended. Time to dig into your rainy day fund i'm afraid

[Zead]

Cyder said:

No need for the rolleyes surely? My insurance was actually cheaper to go FC than TPF+T.

true enough, fc was £50 more than tpft, but I had no job at the time and my wheels were a way to make some much needed cash, so I went cheap.

[Zead]

GroundEffect said:

Then if you don't think it's worth it, it's the risk you take. st happens.

it sure does but it's worth a go surely. Nothing venture and all that.