car damage by fallen tree

[wendywoo68]

Is there any responsibility by the tree owner for car damage by their rotten fallen tree

[dot.hawkes]

yes in there home insurance if it fell on your car, if it fell on their own probably not.

[Jay70]

This happened to my dad. A neighbours very tall fir tree crushed his carlton whilst in his driveway. he had trouble getting the neighbours household insurance wouldn't pay up think they used the 'act of God' get out clause and he ended up claiming on his own car insurance. In your case it may be different if the tree is proven to be rotten. Make sure you get lots of pics before it gets taken away or better still video of the rotten bits. Obviously give it a go and I wish you all the best as you shouldn't have to loose out.

Best wishes Jason

[kepla]

Legally the owner of the tree, the owner of the land inwhich the tree is panted, is responsible. It doesn't matter on who's property a branch falls on - the responsibility still lies with the owner of the tree.

[alan30]

The owner of the tree has a duty of care in respect of the tree. If the condition of the tree was such that any owner, not necessarily qualified, could reasonably foresee that it presented a risk to others then the courts would likely find against the owner. If the condition of the tree could only be diagnosed by a specialist the courts would want to know when the owner last had the tree inspected by a competent person. If the tree failed after an inspection by a competent person exercising reasonable skill and care then you are probably in the 'Act of God' scenario. You should consider claiming against their third party liability insurance. Do you have legal expenses cover on your house or car insurance as your insurance company will advise or possibly handle the claim.