Tree falling hit static caravan written off, advice please

[Yorky55]

Hy can anyone offer advice please, 

 

static caravan hit by tree on park site.

 

1 person could have been seriously hurt or worse, total write off.

 

any advice please. 

[BankFodder]

Well I'm not sure you can seriously expect us to give any pertinent advice without knowing the details of the story

[Yorky55]

hy sorry, wasnt sure if it was right place to post.

 

Briefly, recent storm wind brought a tree down crashed on static caravan,

luckily person in bedroom had just got up [to go to other room ,

 

just after midnight, tree hit, smashed roof wall and windows,

their bed totally covered in smashed window and debris. lucky not hurt or worse.

 

1 person minor cuts, grazes trees line backs of the caravans about 60ft high. total write off,

 

is there any advice to seek compensation from park owners.

 

Insurance is dealing with matter. offered temp rental accommodation, FOC

1 week after that pay rent.

 

Should park owners offer more as 1 person would have been seriously hurt or worse.

 

i guess with everything going on in last few days, getting over shock and losing static caravan I just wondering if CAB legal advice any help or is it a waste of time money i dont have seeking legal route.

[unclebulgaria67]

Property Insurance policy will only cover the actual property (Caravan and contents if insured)

 and alternative accommodation for period allowed by policy.

 

To make any legal claim against the park owner you would have to obtain evidence they failed to maintain the tree and therefore minimise the risk. Do you have any evidence about the tree condition ?  If not, can you obtain evidence or has the tree now been removed ?  If the tree was still around you would look for signs it was rotten and take pictures.

 

If the tree was in OK condition and it was just high winds that caused it to fall, then any claim against park owner would be difficult. You have to consider that we had 60mph winds when the trees still had leaves. Local to me there are many trees down, so it was an unseasonal storm.

[Yorky55]

hy took lots of pictures.

the tree did look a  bit brown in middle, after tree surgeon cut the rest back and chopped up the fallen part, it did look a bit orange , should have kept a piece, but it had all gone when i went back.

 

The remaining part still standing about 15ft of it. to high for me to see middle. [they hadnt been pruned or cut for about 6 years. so on a moral ground injuries received although slight. and the fact if someone was asleep in that room when it came down,  could have died or badly hurt.

 

the best outcome is, 1 week free. as compensation ,  the van is a right off, no electric or gas  , unsafe to stay in..  but paid the pitch fees up to Jan 2021.

 

surely the remaining months should be refunded.

 

also in my opinion being asked to pay for the removal and scrappage of it, when it wasnt our fault.

[unclebulgaria67]

Insurance should cover the removal and scrap costs for the caravan.

 

Depends on whether you want to stay on the site when a replacement caravan is obtained. 

 

Speak to Solicitors that offers no win no fee service for pursuing claims with all of the evidence available and see what they advise. 

[Yorky55]

hy many thanks.

 

There is a lot going on and endless amounts of time on phone.

Insures are in process.

 

My understanding is that insurers may well cover the cost of disconnect, removal, scrappage, about £1,000,

 

from what I've been told it will come out off the final settlement figure received, which will reduce amount. in the short term until its all sorted insurance wise. 1 week free, is about as good as it gets.

 

the minor injuries received will heal.

the emotional distress that someone could have died had they been in that bedroom at the time, will eventually fade away,  and life plods on.

 

still think that refund of the months site fees should be offered, as site cant be used for remaining time .

 

[Ethel Street]

1 hour ago, Yorky55 said:

 the fact if someone was asleep in that room when it came down,  could have died or badly hurt. 

Legally you cannot make a claim for injuries that might have happened but didn't.

 

Is the person who was nearly injured you? Or someone else who was staying in the caravan?

 

Is the caravan your permanent home or somewhere you visit for holidays etc?

[Manxman in exile]

If "...insurance is dealing with matter..." what other claims are you asking about making against the park owner?  Or are you wondering what you can claim off the insurance?  As noted above, you can't claim for what might have happened but didn't.

[Yorky55]

well to reply to above two comments.

 

I understand about the 2nd person not getting hurt, but nearly. However, if they had died or were seriously matter, then i guess the park owners would be different.

 

I sustained minor cuts, grazes, which I took photos of and informed security who arrived within minutes, cant fault them for that. I think they should have done more for us than just 1 week free rent? after losing our holiday home.

 

the backs of the caravans are lined with trees, none of them came down except this one. no other trees around the van rows came down. I think the tree was week or poor health at that point. proving it is a different matter, took photos.

 

The insurers and assessor are in progress.

it  is a write off.

 

being asked to pay £1000 for removal and scrapping is an insult, as it wasn't our fault.

[slick132]

BBC Weather warnings did mention that trees may be more at risk during the recent storms because they are still in full leaf........

 

......... compared to periods when high winds normally occur with trees having far less foliage.

 

This might make it harder to prove negligence on the part of the owners.

 

 

[Ethel Street]

1 hour ago, Yorky55 said:

 as it wasnt our fault.

 

I get where you you are coming from on this but unfortunately, from the information we have so far, it doesn't appear to be the site owner's fault either. It was just something that happens in nature, not something that is anyone's fault.

 

If you get more evidence you might be able to argue that the site owner should have known that the tree was dangerous and should have got in a tree specialist to examine it. There's a brief legal explanation of the law about falling trees here, and lots of more detailed legal explanations if you search online.  https://www.fisherscogginswaters.co.uk/blog/article/171/recovering-losses-for-damage-caused-by-falling-trees

 

As far as you know had anyone ever reported to the site owner that they were concerned about the safety of the tree? Is there evidence from the tree remains that it should have been obvious from the tree's external condition that it might be dangerous? If the answer to both of those is 'No' then in my view you will have no chance of making the site owner liable for the damage caused by the falling tree. But please note I am neither a tree expert nor a lawyer.

[Yorky55]

all i have is the photos of the tree, and its remaining stump,

took loads  the next morning, when we could get back,

took loads of the tree when the tree surgeon chopped it up.

 

but as you say it seems pointless.

But i do think they should refund the remaining months of pitch fees that we already paid, for the months say oct to jan that we aren't able to use.

 

any advice on this.

 

[farmlama]

When you get a replacement caravan, can you not have it on the same pitch and therefore you will still have use of it?? 

 

You cannot claim any losses from the park that get settled by your insurers as the loss will no longer be yours. If your insurance company want to try and recover from the park then they can try.

[Yorky55]

hy,

as we cannot use the van it is a write off.

 

at moment in a rental, which is what we'll be doing say for the next 12 mths or so. To reasses options.

 

however paying rent and having already paid for the site fees for the year, I do think they should at least refund from october to Jan part we cant and wont be using.

 

Just found out now, they wont be refunding that part. so in effect paying twice for next few months.

 

Dont think that is fair?

 

any advice

[Manxman in exile]

I may be mistaken, but if the caravan is your home(?) and you are claiming off your insurance, doesn't your insurance cover rent if your home is uninhabitable?

 

(Apologies if I'm wrong - I've just realised that caravan insurance is probably unlike home insurance... )

[Yorky55]

just to say, it only covers the 1st month. after that we pay. for 11 months as off site for 1 month.

 

what is so annoying is, we paid site fees up to Jan 2021. Oct to Jan so at least 3 months about £1300, which I think should be refunded as, the caravan cant be used. no gas. no electric. not habitable. But it seems the park wont be refunding any of it.

[farmlama]

If the caravan has been written off, have you not been given a settlement cheque to buy another. So you can get a new caravan to use on the pitch. 

 

If you decide against getting a new caravan and using the pitch, then that is your choice and neither the insurance company or caravan park owe you anything if you have been paid the funds to get a replacement and the pitch is available for you to use as it is your choice not to use it as nobody is preventing you from using it.

[Yorky55]

hy

insurance is still on going, and its not new for old.

 

Its not our fault it happened it was the tree, and out of the whole row of them, odd only 1 single one broke. there will be no new caravan, not enough money for that.

 

we cant use the site, as the damaged one is on it. They wont put an old one on it, im certain, if they did, then we would have to pay installing costs we cant afford it.

 

they have offered the rental one else where so will use this for now.

[farmlama]

Can you not buy a used caravan though as the settlement should cover that.

 

Your caravan was used so the insurance won’t pay for a new one, but you should be paid enough to get a like for like old one and you can ask if they would cover costs to install. But the pitch is still available for you to use, so you have not lost that and won’t be entitled to a refund

[Yorky55]

it has been decided, to use their rental for the next few months or so. This will allow more money to be saved towards a better one. But settlement will be reduced  it seems and the costs of removal has to come out of it.

[farmlama]

But if you decided to use a rental for a few months, that is not the fault of the caravan park and the pitch will still be available for you.

 

If you are not happy with the settlement as you feel they are not offering enough to cover the like for like replacement of a used caravan and all the additional costs such as removal of the old one, then you need to address that with your insurers.