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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A branch from a neighbours tree fell on my car during strong

Resolved Question:

A branch from a neighbours tree fell on my car during strong winds (not a storm) and did £1100 of damage. The tree regularly drops branches and did so a month before. He got a tree surgeon in to view but no work was done because he was waiting for permission from the council (It has a TPO). His insurers will not pay out on third party liability because he had carried out maintenance and could not have therefore anticipated this event.
I believe that he could have anticipated this event and that is precisely why he applied to the council to do work on the tree.
Bearing in mind the history of this tree, should a "reasonable" man have had this maintenance work completed before the bad weather started and not waited until a branch fell before starting. Does the fact that he was waiting on a decision from the council when the accident happened relieve him of responsibility.
Essentially, is this claim for third party liability worth pursuing?
Thanks
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 :

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.



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.pdfand take it to your local County Court.



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.



If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial. The Defendant has been negligent and therefore liable given the history you have provided.



Can I clarify anything for you about this today please?

Customer:

Hi, what I would liked clarified if possible, is, under the circumstances stated, whether you feel my neighbour is responsible and therefore weather a claim in likely to be awarded. Is it reasonable to assume that this event could have been foreseen?

Alex Watts :

The thing is it could be foreseen. indeed your neighbour could counter sue against the Council for their delay.

Alex Watts :

In any event, whilst insurance may not cover an act of God, had it not been for the tree on his land, the accident would not have happened

Customer:

Thank you, Alex. Does that mean that he will have to pay me and either get AXA to honour their third party liability insurance or claim off the council - but I will be paid for the damage by him following the court hearing?

Alex Watts :

Yes. It may be that he brings in Axa or Council as part of these proceedings as a small claim

Customer:

OK, the key thing then is that he is liable because he should have foreseen this event and I should win the case if it goes to the small claims court?

Alex Watts :

Yes

Customer:

Can I copy this thread or is it sent to me by email? Thank you so much for your help.

Alex Watts :

Once you rate the format changes so you can copy it

Alex Watts :

If this does answer your question can I 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

Customer:

Will do!

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