Tree Fell On My Car

[NB4C]

Last Saturday,

A massive tree branch fell on my dad's car, which was parked on the street. It broke off a side mirror and dented the bonnet. My family and neighbours have all asked the council to trim the trees on the street, and the last trim job was very measely.

NRMA can take care of it but there's a $600 excess fee. So I called the council and they said they'll send me a form to make a claim, then they'll assess the damage.

Do you guys have any advice ? Somehow, I don't think chasing up the council is an easy job.

Edited 25/01/10 04:06 PM by NB4C

[SuckSqueezeBangBlow]

ask your neighbours to find a copy of their correspondence with the council (re: trimming trees) and put that with your claim.

good luck!

[Buf-Phoon]

slightly different situation. I had a tree branch fall on a neighbours car. Had to be fixed under their car insurance

You will need copies of all the correspondence with the council to have any hope of avoiding the $600 excess IMO

[GeofFGXR6T]

In theory, assuming the tree was on the nature strip, it is the council's responsibility. As such they should pay for the entire damage; not just the insurance excess. IMO it has nothing to do with trimming. It is all about responsibility. Good luck

[BF_F6Shockwave]

I had a tree fall down bust my fence my garden shed & kids tramploine, the tree was in a neighbours yard but the insurance company said unless the tree had been declared as dangerous then it was condisered an act of god so the neighbours were not responsible

[ZAP]

Unless you can prove negligence, you will have no hope.

The council cannot be held responsible for all the branches on all the trees.

It is just plain bad luck and you will be wasting your time filling out the form.

This is also the case with potholes, unless you can prove that the council was made aware of the danger and failed to take action in a resonable time, then it is also bad luck.

[tab]

If your insurer thought there was any hope they would claim the entire amount back from the council so they aren't out of pocket either...maybe their unwillingness to do so is a sign?

Best of luck with it, but occasionally sh*t just does happen.

[seduced]

PAy the $600 and suck it up... the last thing we want is councils taking preventative measures removing trees along nature strips because of some court case for $600.. lets not turn this place into america.

[NB4C]

Thanks for the feedback guys. I'll fill in the form and add photos and copies of letters requesting tree trimming.

There are 3 large trees with hazardous falling branches that take out power lines and fall on cars, not exactly a nature strip, more like surviving trees the council can't be bother maintaining.

The small trees planted on my street have been no problem whatsoever.

[Wenier]

PAy the $600 and suck it up... the last thing we want is councils taking preventative measures removing trees along nature strips because of some court case for $600.. lets not turn this place into america.

Have you been to America?