Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)
+ Reply to Thread
Results 1 to 12 of 12
  1. #1
    Basic Account Holder Maddog Battie Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2011
    Posts
    4

    Question Tree falling on car from neighbours land

    Hi all,

    Can I just run the following past the experts here regarding whether or not it is possible to claim on my neighbour insurance...

    Two days ago, a tree on the local farmers land fell across a stream and road before falling onto my wife's car. Damage is relatively minor but the front windscreen is smashed and the bonnet will need replacing.

    My understanding is that this is normal covered under an "act of god" such that it will be necessary to claim from my wife's car insuranceicon.

    However, there is additional facts which may enable us to claim of his insurance. First, the tree was obviously dead and in poor condition. Secondly, this isn't the first tree to fall - it is the third tree in six months to fall down. Thirdly, a few years ago I had a verbal conversation with him stating that I thought that the trees were unsafe and something needed to be done about them - unfortunately I don't remember the exact details of what was said. Finally, my neighbour (who received the unwanted attentions of the first two trees) also verbally stated that additional trees were in a poor condition and something needed to be done about them.

    Would these additional facts give us a good case to claim off the farmers insurance? If so, how difficult is it to do and is it worth it?

    The downside of going down this route is that we have good relations with the farmer in question at the moment and don't want to lose this if possible for a relatively small loss. It would have been nice for him to knock on the door or leave a note though - we have had nothing.

    Thanks for any comments.


  2. #2
    Site Team Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2007
    I am in
    or am I out?
    Posts
    17,180

    Default Re: Tree falling on car from neighbours land

    I assume you have contacted your insurer, for the definative answer to that, give the claims a ring, they will put you right.


  3. #3
    Basic Account Holder Maddog Battie Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2011
    Posts
    4

    Default Re: Tree falling on car from neighbours land

    I haven't as yet as it will force me down the route of conflict with the farmer as soon as I tell the insurance company about the previous trees and verbal conversations. I'd rather come to an agreement with the farmer first.


  4. #4
    Site Team Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2007
    I am in
    or am I out?
    Posts
    17,180

    Default Re: Tree falling on car from neighbours land

    You can still have an enquiring chat with the farmer, but if you know the legal position before you talk to him, it puts you on a better foot should he not be as friendly as you thought.
    Just ring the claims office for information. You don't have to start a claim or give them your name or policy number. Mind you, they could just say 'claim off him' and not give you the legal answer that you want.


  5. #5
    Basic Account Holder mike_thomas Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2011
    Posts
    1

    Default Re: Tree falling on car from neighbours land

    I had this happen to me before - not a farmer's piece of land but a privately owned piece of land - but all other circumstances basically the same. They had landlowner's liability insurance for the land in question which covered such things. I simply requested in writing the amount that I was out of pocket for damage to my car and the land owner sent it to his insurer who in turn refunded me the costs. The land owner didn't even have to pay an excess. Definitely send a letter to the farmer holding him responsible for costs and go down that route. If you feel this might compromise your "relationship" then just take the costs yourself.


  6. #6
    Basic Account Holder Maddog Battie Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2011
    Posts
    4

    Default Re: Tree falling on car from neighbours land

    Thanks people. The wife's insurance company doesn't think we have much hope of claiming. I'm hoping to speak to the farmer this evening so we will see what he has to say.


  7. #7
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    dw190 Informative dw190 Informative dw190 Informative

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2006
    Posts
    1,243

    Default Re: Tree falling on car from neighbours land

    Many years ago I had a large German Shepherd dog break away from its owner in front of the car causing a few hundred pounds damage. I expressed my sympathies being a dog owner myself but also asked him if he would ask his Home Insurers to contact me which they did and at first tried to fob me off. After a number of letters I issued a claim in the small claimsicon and the insurer paid up straight away without admission of liability.


  8. #8
    Site Team Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2007
    I am in
    or am I out?
    Posts
    17,180

    Default Re: Tree falling on car from neighbours land

    I'm afraid insurance companies have little scruples when it come to paying out a claim. Whether this is a laudible business practice or just a downright rip-off only they know. I know which one I chose to believe.


  9. #9
    Basic Account Holder Endymion Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Nov 2009
    I am in
    Sheffield
    Posts
    295

    Default Re: Tree falling on car from neighbours land

    In order to succeed against the farmer, you will need to prove that if inspected, it would have been obvious that the tree posed a danger.

    Technically, as a land owner you have a duty to ensure that anything on your land will not pose a hazard to a visitor or to a passer by. Councils, for instance, have to ensure that trees are regularly inspected to ensure they are not rotting etc and likely to fall on someone. To an extent, the liability of a landowner will not be as high as that of a council, but they still have to do something to ensure that trees etc on their property are safe.

    If the farmer or his insurers were not to accept liability, you would need to get an arboreal expert to confirm, having examined the tree, that it would have been obvious to anyone making a reasonable inspection of it that it was diseased/dead etc and would pose a risk of falling down as a result of high winds. Such a report is likely to cost betweem 1,000 to 3,000 but if it is confirmed as hazardous etc, you should be able to get that back from the farmer.

    If you can prove that other trees have fallen then this will go a long way to help you succeed as it would or should have put the farmer on notice of the potential hazards. Your verbal warnings will have to be backed up with witness statements confirmed with a statement of truth and will again help your cause, but will not carry any where near as much weight without independent confirmation of the same.


  10. #10
    Basic Account Holder Maddog Battie Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2011
    Posts
    4

    Default Re: Tree falling on car from neighbours land

    Thanks, that was useful as is in line with what I thought. It wouldn't be worth going to the cost / risk of getting a report done for the amount of damage. Hopefully the photos make it obvious enough that the tree was rotten.
    5431565031_da6caf78c5_z.jpg


  11. #11
    Basic Account Holder liquidauctions Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2010
    Posts
    275

    Default Re: Tree falling on car from neighbours land

    Why not just get a quote and give it to the farmer? It may only be few hundred which he may be happy to pay rather than opening a dispute which may cost him more.


  12. #12
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    scaniaman Informative scaniaman Informative

    Follow Real_CAG on Twitter

    Cagger since
    May 2008
    I am in
    Beautiful rural Scotland
    Posts
    1,064

    Default Re: Tree falling on car from neighbours land

    What was outcome of your meeting with the farmer? If farmers property had been damaged by your tree, what do you think he would have done??



Viewing CAG on a small screen? Switch to the mobile version of the site

Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE