Do I have a leg to stand on....

Posted by: Lontano on 24 January 2010

During the snow a tree from the hedge in front of our house fell over onto our driveway. The hedge legally belongs to the company that built the house as the road has yet to be adopted by the local council.

We have spoken with the builders and they said they would remove the tree. This conversation happened a couple of weeks ago.

The tree has not yet been moved and sods law one of our cars has just been reversed into it (no it was not me Winker). If the tree had been removed this little accident would not have happened and it would have been easier to manoeuvre on our land.

Can I claim for the cost of car repair against the builders - do I have a leg to stand on? Thoughts from anyone with knowledge welcome.
Posted on: 24 January 2010 by deadlifter
I think you already know the answer to that one,
Driver error
Posted on: 24 January 2010 by Lontano
quote:
Originally posted by deadlifter:
I think you already know the answer to that one,
Driver error

Probably, but I am not so convinced..the builders tree is across my driveway and they should have moved it by now.
Posted on: 24 January 2010 by shoot6x7
An insurer would likely say driver error too.

I hit a large pothole and my insurer told me that it was my fault (even though it was pitch dark) and therefore they wouldn't pay.

I did however file a successful claim against the municipality.

You can try and place a claim against the builder, but I suspect that all that will happen is that they'll move your tree sooner ...
Posted on: 24 January 2010 by Derry
Whoever was driving must have known the tree was there?
Posted on: 24 January 2010 by Lontano
quote:
Originally posted by Derry:
Whoever was driving must have known the tree was there?


Amnesia moment Roll Eyes
Posted on: 24 January 2010 by Jim Lawson
Stationary object wins.
Posted on: 25 January 2010 by Mike-B
The legal law tends to treat all such accidents the same way. You hit the tree, the tree did not hit you.
You knew the tree was there, but even if you didn't know it was there, the onus is still on you to exercise due care
Like Jim sez, Stationary object wins