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Car damaged by trees - what next?
My daughter, who passed her test 6 months ago, has this morning had a collision with a tree branch which fell directly into her path immediately in front of the vehicle, resulting in substantial damage to the front bumper and air grille.
She was travelling at between 40 and 50mph on a straight piece of A road which she knows, which was lined on both sides by mature oak trees. There was not sufficient distance to be able to stop safely and there were vehicles coming in the opposite direction preventing her making a safe avoidance manoeuvre.
The branch was substantial, about four inches thick, and was in leaf. The consequent collision has left her shaken, unnerved but unhurt. There is now the matter of getting the vehicle repaired without seriously impacting on her insurance premium.
I seem to recall a fatal accident in the late 90s / early 2000s on a part of the A5 on the Shropshire/Staffordshire border being caused by a falling branch resulting in serious tree surgery to make the route safe. I would be grateful for any guidance you are able to offer.
She was travelling at between 40 and 50mph on a straight piece of A road which she knows, which was lined on both sides by mature oak trees. There was not sufficient distance to be able to stop safely and there were vehicles coming in the opposite direction preventing her making a safe avoidance manoeuvre.
The branch was substantial, about four inches thick, and was in leaf. The consequent collision has left her shaken, unnerved but unhurt. There is now the matter of getting the vehicle repaired without seriously impacting on her insurance premium.
I seem to recall a fatal accident in the late 90s / early 2000s on a part of the A5 on the Shropshire/Staffordshire border being caused by a falling branch resulting in serious tree surgery to make the route safe. I would be grateful for any guidance you are able to offer.
Asked on 10 May 2014 by John Gough
Answered by
Honest John
The standard defence for this as a tort would be 'Act of God'. But this does not seem to apply when making an insurance claim.
The insurer may be able to attempt to claim from the owner of the trees, who may raise the 'Act of God' defence, in which case the insurer would have to prove negligence of the owner in not properly maintaining the trees.
However, your daughter's claim to her insurer is a plain 'no fault' claim for which she will be liable to pay her 'excess' and is likely to be penalised for making a claim in her future premiums.
The insurer may be able to attempt to claim from the owner of the trees, who may raise the 'Act of God' defence, in which case the insurer would have to prove negligence of the owner in not properly maintaining the trees.
However, your daughter's claim to her insurer is a plain 'no fault' claim for which she will be liable to pay her 'excess' and is likely to be penalised for making a claim in her future premiums.
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