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QLD Tree Fell on Car - Who is Liable for Damage?

Discussion in 'Property Law Forum' started by Kylie73, 28 June 2016.

  1. Kylie73

    Kylie73 Member

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    Over the weekend, a tree fell on our unregistered vehicle. The car is a write-off. We are renting the property where this happened and wondering who is if anyone liable for the damage to the car.

    Can we take the owners to court to get them to pay for the replacement of the car or is it covered by their home insurance?

    Thanks.
     
  2. Rod

    Rod Well-Known Member

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    Not enough facts to know. Trees falling down do not automatically entitle anyone who suffers injury or property damage to compensation. You would have to prove the owner of the land containing the tree was somehow negligent.

    Best bet is go through your own insurance company.
     
  3. Sophea

    Sophea Well-Known Member

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    You might have a chance at claiming compensation from them if you had continually complained about the tree presenting a danger, and they had refused to do anything about it. Apart from that bad luck. Branch fell on my husband's windscreen as he was driving home the other night - thankfully not hurt - but seriously back luck, its not because of someone's negligence.
     
  4. Kylie73

    Kylie73 Member

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    Thank you for the answers.

    As the car is unregistered, the car is uninsured. The car was parked in the yard. The large gum tree has split in two and fallen on the car crushing it. The owners say that it's not covered under their insurance. Just frustrating that the car is now a write-off and we can't claim insurance due to it not being insured.
     

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