How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

On Friday last, a tree fell onto and wrote off my motor vehicle.

Resolved Question:

On Friday last, a tree fell onto and wrote off my motor vehicle. Luckily I was not physically hurt as a result although I have had some trouble sleeping since the incident. Although I have fully comprehensive insurance the car is relatively old and there is an excess of £350 on my insurance policy. I work away from home in Telford (I live in South Wales)asa contractor and I use the vehicle to travel to work on Monday and to return home on Thursday as well as for local mileage e.g. back and fore to work from local hotels. It will take me some days to source and obtain a replacement vehicle and I will lose at least 1 week's wages as a result. The tree was growing within the boundary of a local Chemical plant and it was covered in ivy which turned it into a gigantic sail thereby catching the high winds and causing the accident. Do I have the basis for a claim against the owner of the plant?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Was this just an act of God or are you saying they were negligent in some way?

Customer:

I am not really sure, the fact that the tree was shrouded in ivy definetly contributed to the force applied to the tree by the wind. It may not have fallen if the ivy had not been present.

Alex Watts :

What is the value of any claim you are issuing?

Customer:

I would expect it to be around £1200-£1500 including 1 week's wages.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

However you would need to show the tree was defective, rather than an Act of God.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No that's all!

Alex Watts :

Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash and other Law Specialists are ready to help you