WA Council won't claim responsibility for near-fatal tree incident.

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Ninico

Member
27 October 2024
3
0
1
On the 13th August 2025, I experienced a traumatic experience in which a tree snapped in half and dropped on to me while I was driving. The situation caused severe paint damage into the body panels, leaving me to go to a panel beater and not a detailer, with some scuffs along the windscreen. The main issue I'm concerned about is the tree could've gone straight through the windscreen and killed me being mobile (but it mostly landed on my roof and back side). Their response was shocking, no empathy, if anything it was more putting their hands up and not taking accountability and saying it's not their fault. Is this worth pursuing?

Just for context,
I am on third-party insurance, and my insurers (RAC) confirmed the policy doesn't cover anything of this calibre.

Just seeing if it's worth following with someone directly from the council or any other advice. This year has been immensly rough for me, and I'm currently going under medical testing for some life altering situations. This is just annoying.
I really hate their " You will appreciate that a tree branch may sporadically fall without any external indication or forewarning."
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,130
833
2,894
Sydney
First, learn about how car insurance works.
Especially, learn the difference between CTP/ Green Slip (the one that's compulsory with your rego), and the other kinds.
Then, before you go back on the road, get at least TPP - Third Party Property (no, that's not what you've got).
 

Ninico

Member
27 October 2024
3
0
1
On the 13th August 2025, I experienced a traumatic experience in which a tree snapped in half and dropped on to me while I was driving. The situation caused severe paint damage into the body panels, leaving me to go to a panel beater and not a detailer, with some scuffs along the windscreen. The main issue I'm concerned about is the tree could've gone straight through the windscreen and killed me being mobile (but it mostly landed on my roof and back side). Their response was shocking, no empathy, if anything it was more putting their hands up and not taking accountability and saying it's not their fault. Is this worth pursuing?

Just for context,
I am on third-party insurance, and my insurers (RAC) confirmed the policy doesn't cover anything of this calibre.

Just seeing if it's worth following with someone directly from the council or any other advice. This year has been immensly rough for me, and I'm currently going under medical testing for some life altering situations. This is just annoying.
I really hate their " You will appreciate that a tree branch may sporadically fall without any external indication or forewarning."
Sorry I didn't clarify fully - when I say Third Party, I do mean Third Party Property.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,130
833
2,894
Sydney
Sorry I didn't clarify fully - when I say Third Party, I do mean Third Party Property.
So, not a mere Green Slip then?
That's something at least.

But it doesn't change your position vis a vis the tree.
It's all on you.
 

Ninico

Member
27 October 2024
3
0
1
You should word things better. "It's all on you." mate, a tree snapped in half and destroyed my paint. You're making it as if it's my fault. Just say, Unlucky, move on.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,130
833
2,894
Sydney
You should word things better.
And perhaps you should be grateful to have an answer provided by a human lawyer, and not one of the myriad AI bots that infest this site.