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Mike Herts

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  1. Thank you for the replies guys. After reading the differing observations I understand that as the decay was internal it would have been difficult to spot any defects, therefore I now fully understand the wording of the council letter. I will indeed call my insurers and let them handle this. I do wonder though why the official advised me to call the claims dept, as I hadn't thought of this until he gave me their number. And yes, Salisbury Road is correct Mr Holmes!
  2. 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..

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