Council claim - does this tree suffer decay?

[Mike Herts]

Hello Chaps,

 

It's my first post here and unfortunately I am seeking professional advice!

 

Here's the story..

Late April whilst visiting my folks on a damp (and moderately windy) day a neighbour knocked on the door and said that a branch had fallen on my car.

 

 

I called the local council who's officer attended and stated that 'the trees in the road are over 40 years old and at the end of their life'.

He also said something about growths and water getting in, but to be honest I cannot remember exactly. He leaves me the number for the claims dept, apologises and leaves.

 

Anyways, another chap arrives and buzzes the branch off revealing a quoted £600 dent on the car roof.

 

Claim filed with council and subsequently denied with the following (excerpt)..

 

Having considered the information available, we do not feel that the County Council has been negligent.

 

Our investigations have shown that there was no evidence that the said tree was diseased or dangerous prior to your incident. The branch has simply fallen due to the extremely bad weather that we had on this day.

 

Furthermore no similar incidents were reported or complaints received prior to your incident, therefore the County Council could not have reasonably prevented your incident from occurring.

 

I suspect that all claims may be initially denied?

 

I wish to appeal but need some advice on the possible cause and some professional wording. As far as I can see, the tree does indeed have decay (see below) which resulted in it's failure.

Other trees in the road are also showing signs of age and have branches hanging in pedestrians faces.

 

Sorry for the long post and large pictures and thanks in advance.

Regards,

Mike

 

Now..

[easy-lift guy]

Nice pictures, sad story. It appears that the tree did have some problems. Here in Florida I believe it would be a little more cut and dry and the claim would have been settled with no issues. I guess there is a appeal process available for you, I would not accept the councils first opinion at all. Fight it if it is worth it to you.

easy-lift guy

[Pommie]

Send your photos to your insurer and let them fight it out, thats whaty you pay them for

[treequip]

What if you aren't comp insured? What about your policy excess?

[treequip]

The tree was clearly decayed, the question is woud that have been evident at an inspection and did any inspection take place.

[likeitorlumpit]

Surely theres a claim whether it was evident or not.

If a roof tile fell from my roof on someones car then I would expect to be liable.

What I'm saying is the OP has been disadvantaged by the tree incident so why are they arguing about it. He has a claim on the owner regardless.

Maybe I don't see this properly.

[Tommy_B]

Salisbury Road? If so, there are a number of trees that have visible fruiting bodies on them and evidence of damage. I would suggest gathering photos to demonstrate that they may have required work and then let the insurance have a crack.

 

IMO this statement is that one that I would be asking them to prove.

 

"Our investigations have shown that there was no evidence that the said tree was diseased or dangerous prior to your incident. The branch has simply fallen due to the extremely bad weather that we had on this day."

[treequip]

Surely theres a claim whether it was evident or not.

If a roof tile fell from my roof on someones car then I would expect to be liable.

What I'm saying is the OP has been disadvantaged by the tree incident so why are they arguing about it. He has a claim on the owner regardless.

Maybe I don't see this properly.

 

You would think so but the law holds that the event must be reasonably forseable.

 

I don't see how they can defend that incident though.

[Rich2484]

Let the ins broker fight it out with council, if the council are saying ith bad day for weather the insurance company will look at the weather forecast for that area and decide if it was bad weather or not.

 

Had this with my mums roof, the storm had blown some tiles into the lead cutter and broken it, when she phoned they dais the weather wasn't bad according to the met office so they wouldn't pay as it wasn't a bad forcast.

[Dean Lofthouse]

Whoever wrote that statement, did so from a nice warm office without visiting site.

 

If someone did visit site, they were either blind, drunk, drugged up, incompetent, lacking any experience whatsoever of trees, looking at the wrong tree or just a complete and utter idiot