General complicated issue ,, help please

Discussion in 'General Discussion' started by chris2982, Wednesday 5th Aug, 2015.

  1. chris2982 Premium Member Club Supporter

    United Kingdom Chris Rowlands Gill
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    Hi all, ,

    my brother had a bit of an issue the other day.. while heading to work he was in a little traffic approaching a round about when a tree fell on his car!!

    not massive damage,, few hundred quids worth.

    my question is,, is this something that the local council would need to be involved with (I know they have possible fault for damage due to road condition/pot holes etc) or is it an insurance company matter ( if so would just do without to escape raised insurance cost and loss of no claims) ,, or just "one of those things"

    cheers all
    :Smile:


    oh and what was more gutting he normally takes his fiesta to work ut it was a nice day so decided to take the 350z
     
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  2. Ichiban Founder Staff Team

    England CJ Leeds
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    That's awful mate hope your bro is ok , as for claiming against the council I am not aware of the legalities of it bud.
     
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  3. FirstHonda Premium Member Club Supporter

    I'd suggest asking either Citizens Advice, or if he has legal cover on his insurance, ask their advice.

    If legal cover is included, at least they can advise and then press the Council if it is viable.
     
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  4. Davej5 Club Member ★ ☆ ☆ ☆ ☆

    Dave Cornwall
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    I know when a branch fell on my mums car years ago the insurance said the land owner was responsible so it depends if the tree was on council or private land.
     
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  5. John Dickson Expert Advisor ★ ★ ★ ★ ★

    Hope your brother is ok @chris2982

    I know they've taken trees out around here if they are (or at significant risk of becoming) dangerous but this was in public open space or the park so that was Northumberland County Council's responsibility.

    As @Davej5 says it is ultimately the land owner's responsibility unfortunately. If they deny liability you possibly could launch a civil damages claim but whether that would cost your brother could vary. If it goes to court and your brother loses he would be liable for the costs possibly. If he won the judge could award damages plus costs.

    @FirstHonda says if your brother has legal cover on his insurance it would be worth speaking to them about it.
     
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  6. Zebster Expert Advisor ★ ★ ★ ★ ★

    United Kingdom .
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    He might as well claim from his insurer and let them recover the costs from whoever is responsible for the tree. I know that the insurer will somehow find a way to bump up his insurance costs, but he's obliged to tell them anyway.
     
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  7. SpeedyGee Administrator Staff Team

    England Speedy Birmingham
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    Yes he is but he doesn't have to make a claim, just let them know what has happened. If he makes a claim it will count as claim made by him and his NCB will be affected.

    He may as well first explore other options.
     
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  8. Nels Moderator Staff Team

    This is the best route to take.
     
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  9. Zebster Expert Advisor ★ ★ ★ ★ ★

    United Kingdom .
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    But surely his NCB will be restored (and any excess payments refunded) when/if his insurer successfully recovers the claim from whoever is responsible for the tree?

    Without him knowing exactly who is actually responsible for the tree, it really isn't clear what his other options might be. While it's likely that the local authority IS responsible, dealing with their legal department as a private individual could be like nailing jelly to the ceiling...

    There's something very wrong when we pay a lot of money for our car insurance but then make every effort to avoid making a claim, even when it's not our fault!
     
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  10. SpeedyGee Administrator Staff Team

    England Speedy Birmingham
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    These days I don't think insurance companies bother chasing up at fault parties like they use to.
     
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  11. Nels Moderator Staff Team

    A claim is a claim, no matter who is to blame, unless it is specifically written into the policy that it will not affect your NCB.
     
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  12. SpeedyGee Administrator Staff Team

    England Speedy Birmingham
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    Only "at fault" claim affect your own NCB @Nels. They claim does get listed in your claim history though regardless of who was at fault.
     
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  13. Zebster Expert Advisor ★ ★ ★ ★ ★

    United Kingdom .
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    That was my understanding, although admittedly without checking my own documents.

    Unfortunately though, the insurers will penalise you whether you make a 'no fault' claim or not, as you are obliged to tell them about this incident and it will be noted in your history.
     
    Last edited: Sunday 9th Aug, 2015
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  14. chris2982 Premium Member Club Supporter

    United Kingdom Chris Rowlands Gill
    1,518
    974
    he is fine,, thanks for all that asked...

    decided to do the ,, well it was just one of those things option and get on with it..defiantly not going through the insurance, , even just to let them know because

    a couple of year ago a lady reversed into me,, very slowly with very minimal damage... told her not to worry about it as was on,ly a couple of clips broke and a tiny crack in thebumper ..
    phoned my insurance.. just to make them aware.. no clain. .
    i now have higher insurance and i have to declare it as a claim for the next 3 years!!!!!!?

    wasn't happy at all with that :Frown:
     
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  15. Nels Moderator Staff Team

    Yes, you are right, but I believe it depends on the policy wording especially how the 'Protected' NCB section is worded. As @chris2982 says, they still use it against you and increase your premium. One of the standard questions asked is 'Have you made any claims in the last x years?' irrespective of fault. They may still give you the same number of years NCD, but the premium is increased nevertheless.
     
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  16. SpeedyGee Administrator Staff Team

    England Speedy Birmingham
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    Well we do live in rip-off Britain ! :Rant:
     
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    GSD2013 likes this.
  17. GSD2013 Premium Member Club Supporter

    @chris2982 bad luck, but glass half full, your brother was unhurt. :Niceone:


    Car Insurance, Home Insurance, Life Insurance, Pet Insurance, Critical Illness Cover etc, will all look for lopholes not to pay out or recoup their losses, as Speedy says above its the world we live in. :toarms:
     
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