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Mazda 2 - Tree falling on car - zack

My 23 year old son was hit by a tree when he was driving recently. The tree was an old tree and when the police came along they said that this happens sometimes when the ground is very wet. Luckily he stopped after impact and he was not hurt and no other vehicles involved.

Car needs a new windscreen but also a new radiator and some repairs to the engine and minor bodywork - cost probably £1,500 plus hire car.

Insurance is a big problem as it my son's second accident within 2 years. He is covered on his mother's policy and a) they have threatened to knock off the Protected No Claims Discount and b) they now suspecting that he is the main driver and want proof that my wife uses the car. She does indeed use it for work as a teacher almost daily and he uses it occasionally. Incidentally he has passed his IAM Test and is a good driver so will be badly penalised by this stroke of bad luck.

Main question though is what are the chances of getting compensation from the local authority for not protecting the road from old trees at the roadside that can be dislodged in the wet weather?

Mazda 2 - Tree falling on car - focussed

The best advice in a situation like this is to say nowt and get a decent solicitor on the case straightaway. It depends entirely on who owns or has responsibilty for the tree, as local authorities are past masters at wriggling out of responsibilty.

Mazda 2 - Tree falling on car - zack

grateful for advice. My son is a solicitor and he has suggested that we complete a claim form and "get a feel for their response/possible offer" before throwing the book at them. I think he is prepared to draft letters.

Mazda 2 - Tree falling on car - thunderbird

You will loose your no-claims after a certain munber of claims even if its protected, its in the documentation.

If your son is the main user and the insurance is not in his name he is breaking the conditions of the insurance, its one of the question they ask. If he is found to be the main user the insurance company will possibly refuse to pay the claim and cancel the policy. At 23 he should be building up his own no claims, I started at 17.

Best of luck claiming for the council, you will need it.

If your son is a solicitor why does he need advice from us amateurs, he should have free expert advice at hand.

Mazda 2 - Tree falling on car - Armitage Shanks {p}

As someone with an interest in the application of the law, but not knowing much about it, it occurs to me that it may be relevant whether the tree was unhealthy or damaged and broke, which the owner might or should have been aware of or whether it was blown over in a storm complete with its roots which is unforseeable and falls into the "Act of God" category