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| Thread ID: 140481 | 2015-10-20 01:38:00 | What liability for tree causing damage to a vehicle? | stuffed (1469) | PC World Chat |
| Post ID | Timestamp | Content | User | ||
| 1410228 | 2015-10-20 01:38:00 | In high winds last weekend a tree crashed onto our car while we were travelling. Fortunately by mili seconds we escaped unharmed. It was a large "unkept" macrocarpa alongside a major road on private property. Ok car is insured but there is the $300 excess plus about another $350 for a rental while it is repaired. Does anyone know what liability the landowner has in this case?! Thanks |
stuffed (1469) | ||
| 1410229 | 2015-10-20 01:54:00 | I don't know but your insurance company probably does, if they can recover the cost of the claim they will usually go for it so if nothing was mentioned they probably don't think it's worth it. From a liability viewpoint I think if you could prove the landowner was negligent in some way then it would fall to them or their insurance to pay up, but who can really say what a tree might do in high winds and who goes surveying their property assessing the potential hazards their trees might pose, I would hazard a guess at nobody. I don't like your chances. |
dugimodo (138) | ||
| 1410230 | 2015-10-20 04:18:00 | If the tree was on a Farmers Block they would have Public liability Insurance but if a lifestyle block they should have it as well Your Insurance company should find this out maybe you should find out who owns the farm and inform your insurance With the other party Insured you should suffer no loss at all as your insurance will claim against his insurer |
Lawrence (2987) | ||
| 1410231 | 2015-10-20 18:29:00 | I It was a large "unkept" macrocarpa alongside a major road on private property. Ok car is insured but there is the $300 excess plus about another $350 for a rental while it is repaired. Unkempt I think you mean. You could look at changing insurance. We pay $100 excess on our car insurance. Yes, the premium is slightly higher because of that, but not much. They also offer an optional Rental car option. Your insurance company would pursue any liabilty if there is any. If they haven't, then there isn't. |
pctek (84) | ||
| 1410232 | 2015-10-20 19:33:00 | It's rare for private property to front directly onto a major road, with land owner responsibility for the verge/berm maintenance. Usually local council is responsible for verges and berms near public roads. | inphinity (7274) | ||
| 1410233 | 2015-10-21 02:04:00 | It's rare for private property to front directly onto a major road, with land owner responsibility for the verge/berm maintenance. Usually local council is responsible for verges and berms near public roads. There are 1000's of kms of rural land adjacent to main roads with only a minimum distance to the road edge. |
stuffed (1469) | ||
| 1410234 | 2015-10-21 05:29:00 | Act of God. | prefect (6291) | ||
| 1410235 | 2015-10-21 19:01:00 | Act of God. Nope didn't see him! |
stuffed (1469) | ||
| 1410236 | 2015-10-21 20:56:00 | Nope didn't see him! Some insurance companies have no trouble seeing him, as a way to avoid payouts . |
1101 (13337) | ||
| 1410237 | 2015-10-21 22:19:00 | Reminds me of funny movie, "The man who sued God" where Billy Connelly sued the church for damage to his boat the insurance company called an act of god, putting the church in the position of having to prove god does not exist in order to avoid liability. In any case it's really just a phrase that is used to cover unforeseeable or natural events that are not directly caused by man, no need to see a deity required. Perhaps for those of us who are not religious they should change the term to something like "Natural occurrence" A storm blew part of a tree over, is that really a landowners fault? Maybe if the tree was obviously in danger of it and the landowner was aware of that then it is, but otherwise it's just one of those things that happens and is not really anyone's fault. |
dugimodo (138) | ||
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