Forums Forums Street News Thingwall. car hit by falling tree

Terrible, I wondered what the situation was when they said she had wizzed to Aintree for assessment, that was the last thing I thought it would be.

Cleaning the gutters of leaves this morning. Not a company I recognise, although the larger vehicles look different . Based in Ellesmere Port
Will this be for the benefit of the assessors to come and inspect, one wonders ?

GOPlant A small vehicle, much smaller than the usual . A Gully Emptier Combi Unit . Self Drive/Hire
http://www.go-plant.co.uk/

Maybe the CEO has re-arranged his Monday morning schedule ?

So sad about her baby. Bad enough luck being hit by the branch but that as well.

Think it was a branch that hit the car not a tree so ground conditions etc may not be contributory factors.
Not the first time along that stretch so one would hope council sorted out inspections if indeed they do such things.

Maybe the ground was not a contributory factor in this case, Fish, but it certainly could be one day. Old top heavy trees in wet and windy conditions.

I am so upset by this terrible tragedy, and something that should never have happened. The authorities knew what their policy is on these trees, they also know that there is a mass of dead would on many of them, and if anyone of those people had an ounce of common sense or a brain cell between them, they would also know the chances of something like this must happen one day. Only after a tragic event, is something preventable done. Same old story. Of course, it doesn't really touch them, as they go about their daily business. That was last weeks news now.
The same won't apply to that young couple who have lost a baby.

I am tired with going on about how trees are not managed. I love trees but having lived through a night like no other and seen how they can cause so much damage in gales and storms, which I've mentioned before, the state that the trees in this area are in is very worrying. Pretending they are dead and cutting them to base, is not the answer either, that's the lazy way.

Just as a matter of interest. If a tree from your neighbours garden is blown through the roof of your bungalow in storm, or breaks your fence or lands on your greenhouse etc.who pays for the damage ?

When next doors storm debris damaged our property, his insurance company said they only covered HIS property and that other people should insure their own. Our own policy appears to have third party damage though, so maybe it varies between policies. (Might actually mean only damage to people though thinking about it , I must check )

Fences (and maybe boundary walls) are sometimes not covered by insurance. I've never heard of a buildings insurance that doesn't include 3rd party liability?

If a neighbours tree damages your property and they don't pay up, you could go and see a solicitor or put in a small claims against them.

Claiming on your own insurance (even though they may claim it from the other insurance company) may affect the price of your insurance in the future.

There is no Act-of-God exclusion on UK policies these days.

Not sure I understand.
So if this was a neighbours tree fallen onto your property, (and probably killed you) Who would be liable ?

Not sure Granny but I have taken out a policy that includes for trees within 5m of house as I have several that although outside my garden fence are in a byway which apparently I have some ownership to in legal terms. Council tree inspector said if the tree fell down across byway and into neighbours garden that I was liable for the bits on either side of the byway and that the council would cut and remove the bit blocking the highway.
If I can remember my construction law days (rylands v Fletcher) then you have a responsibility to "contain" things you have brought on to your land. Not sure if that includes trees.

The owner of the tree is liable, insurance doesn't strictly transfer nor govern liability, its a financial arrangement to help with financial liability.

Thanks DD. That is straight forward enough.

However, Fish, what you say about council policy, so far as I understand is, if their trees on grass verges grow across our gardens, then we are responsible for having them cut back if they are in the way. With that in mind, if we kill the trees in so doing, does that mean we are also responsible for damage to council property ?

The rules need to be shaken up a bit and clarified, so everyone knows the score.

2 men with leaf blowers and I man with pole chainsaw working there today. This road actually has a council parks and garden depot on it.

Very busy at Arrowe Park, cutting back trees along the main road.

Strange really, considering it's taken so long and a fatality before anything is done. Obviously there is a risk of accidents, otherwise they wouldn't be doing it !

Devastating for the family involved. Nothing will appease them.

said this morning that this is tree falling weather. Typically wife leaves her car parked at Thingwall under big trees. Does this storm have a name as it seems more angry than when Barbara came

No, don't think it had a name. There's few dead branches snapped off the trees and landed on the pavement , but that's quit normal. Plenty more left.