Legal bods required (Insurance claim)

r0zvad · 26 Feb 2010 at 19:36

*Moangroan* said:
So if it has not been trimmed after 3rd October. There would be visable signs of a branch breaking off ???

The tree in question was trimmed approximately 3 years ago. A few years before that we had a large tree removed (a horse chestnut) due to lean towards our house and and the tree itself was dying at the base.

Here is a pic illustrating the distance. http://img189.imageshack.us/i/treedistance.jpg/ The dot in the middle of the circle is the approximate location of the trunk.

The house above the garage is massive, you can see the huge distance here. Most likely over 30 feet. For example if you laid the tree out flat, it still wouldn't reach their garage.

Oxide™ · 26 Feb 2010 at 19:47

seems to me your neighbours have quite the cheek to try this on imo

Twinblade · 26 Feb 2010 at 19:50

Sounds to me like your neighbour watched the channel 4 programme on scams and compensation last night and thinks he can make a fast buck. His solicitors wouldn't be Paul Rooney Partnership would they?

Couple of more points. Can the neighbour, or the solicitor for that matter prove it was your tree? In order for them to bring a claim they need to prove that it was your tree. I doubt they will have success, but speak to your Insurers first.

Werewolf · 26 Feb 2010 at 19:53

marin said:
I find it hard to believe that a branch could cause £3,933 of damage to a garage roof.

That's got to be a fairly fancy Garage for the roof to cost that much to repair from a single tree branch landing on it (is it tiled?).
IIRC it cost about £1200 in materials to redo our double garage roof from scratch, including the supporting beams etc.

As most of the others have said, contact your home insurance as they should be able to deal with it (and fight it if need be), especially if you've got legal cover.

Hamster · 26 Feb 2010 at 20:03

Werewolf said:
That's got to be a fairly fancy Garage for the roof to cost that much to repair from a single tree branch landing on it (is it tiled?)

They may also be claiming for damage to the contents of the garage as well as roof damage.

*Moangroan* · 26 Feb 2010 at 20:22

Seems strange they would pay such a large sum out without even coming round to see you in october to inform you of the damage. Even though i dont think your tree did the deed.

Werewolf · 26 Feb 2010 at 20:23

JoeMama said:
They may also be claiming for damage to the contents of the garage as well as roof damage.

True, but the op does say roof damage i think

However if it's for damage to the contents I'd expect them to also be able to provide proof of said contents.

Raymond Lin · 26 Feb 2010 at 20:27

Let the Insurance companies deal with it, doing anything on your own will only prejudice your position.

BigJon · 26 Feb 2010 at 21:47

I would suggest posting on the Garden Law forum Here. They were very helpful regarding issues that my parents had regarding trees.

From what I gather, now that they have put you on notice then you have to take responsibility to make sure the tree does no more damage to there property.

I suggest that you go see the CAB or use any legal cover as part of your house insurance to deal with the issue. If you don't have legal cover then consider a solicitor if cab are not helpful, but they normally are quite good.

But what I would do is contact whoever sent you the letter and ask them for proof that the tree in your garden caused the damage. No proof = no claim as you had no malicious intent for the tree to land on there property, which is the only way they can win in court.

If you want to be extra sure ( and the tree hasn't been trimmed since 3 years ago), then you could employ a tree surgeon to come and asses the tree to see if a branch is missing. ( They will be able to tell you and also advise on any future maintenance now that you are on notice).

I feel that they are trying it on as the garage is a very long way from the tree. I would even go as so far as email/ recorded delivery a letter to them with a printout of the image that you have, asking them how the tree was able to travel that far.

We have had very large trees fall from a neighboring churchyard in high winds and all it did was go straight down. It destroyed a dry stone wall below it, but didn't go sideways over 30 feet.

Unless the tree in your garden is much bigger than the rest of the tree's near it ( which it doesn't look like) then suggest to them that they visit the site before contacting you again.

Please don't take the above as legal advice ( as its not) I would still check on Garden Law as some of them are lawyers and specialists, and may be able to offer more help/advice.

Jon