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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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My car was parked in a shop's car park. Whilst I was in their

Customer Question

My car was parked in a shop's car park. Whilst I was in their shop the wind turned strong and blew a tree on their premises onto my car and wrote it off. At the time the shift manager told me that his regional manager had said that I should get it sorted out and let them know the costs. Although my insurance has paid out, it stands as a fault claim as the store now claims that the person who chopped the tree up told them that there was nothing wrong with the tree. I disagree with this as there were only leaves shooting on a small percentage of the tree when it fell in March and the portion of trunk I took broke away very easily and smells musty and the neighbouring tree still didn't have leaves by June.
Does the store have to stand by their original offer and/or how do I get them to admit blame given it was rotten, given that they probably won't believe this chunk was from that tree? My insurance and legal assistance companies see it as a closed file.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Did your insurers not recover anything from them please?
Customer: replied 1 year ago.

No. My insurers seem very ready to leave it as a fault claim against me. To the best of my knowledge nothing has been recovered from the shop.

Expert:  Ash replied 1 year ago.
What is it you want to achieve?
Customer: replied 1 year ago.

Ideally I want them to accept responsibility and pay out to my insurance company.

Expert:  Ash replied 1 year ago.
How much have you lost?
Customer: replied 1 year ago.

What do you mean?

Expert:  Ash replied 1 year ago.
How much are you out of pocket?
Customer: replied 1 year ago.

It's not as simple as that. As already stated it currently stands as a fault claim, so not only have I had to replace my car and the insurers have paid less than the replacement one cost, but as a fault claim my current year's insurance is costing me more.

Expert:  Ash replied 1 year ago.
Ok, what do you want to achieve?
Customer: replied 1 year ago.

My questions are in my original submission. Please refer back.

Expert:  Ash replied 1 year ago.
Your insurance has paid out and the file is closed. But if you havent suffered a loss yet, what is the claim?
Customer: replied 1 year ago.

The company should have maintained their trees. If they had the incident would not have occurred. Therefore I would not have a fault claim against me, and i would not have had to supplement the insurance payout to buy an identical car of same age.

Expert:  Ash replied 1 year ago.
Yes I agree. So you do have a financial loss?

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