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Branch Fell on My Car in Council Carpark

Discussion in 'Insurance Law Forum' started by korrin, 3 July 2014.

  1. korrin

    korrin Member

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    I parked in a council car park and a neighboring tree branch on a private property fell onto my car causing damage. Who is responsible for this under insurance law?
     
  2. HarrietJ

    HarrietJ Well-Known Member

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    Hi Korrin,

    To my knowledge, you are going to have to prove that the owners of the property that own the tree were negligent. Was the tree rotting, or unstable in any way?
     
  3. korrin

    korrin Member

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    Not sure if it was rotting.. but the landlord did tell me he had complained to council about it being unsafe but council have no record of any complaint or contact from the landlord.. council told me its his responsibility to maintain the tree so its not hanging into the car park or to contact council to have it cut or removed.. he has asked me to get a quote and give it to him along with a letter of demand or statement to claim and he will send to his lawyer
     

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