Forum Topic

Who pays for the tree damage?

Another big storm is descending on us with the possibility that more street trees will be blown over. Ealing Council says more than 30 trees were blown over in the borough last weekend. A near neighbour whose car and house was damaged by a falling Plane tree that had a rotten base has been told it was an "act of God" and therefore the council cannot be held responsible for this.Has anyone else in the borough been told the same thing by the council?

Ian Richardson ● 2128d4 Comments

Sounds like something, with the additional 'evidence' that the household/car and council's insurers will have to 'fight' over.

N V Brooks ● 2127d

Not just his car insurance, but his house insurance as well. The council knew the tree was diseased a few years ago, but considered it to be in "fair condition". As far as I can establish, the tree has not been inspected since, otherwise the council would have realised that the entire base of the tree was rotten. Hence, when it fell last weekend, it left the roots undisturbed.

Ian Richardson ● 2127d

Will the driver's insurance company also use the same get-out, do you suppose?

Susan Kelly ● 2127d

As long as the council can show that the tree has been inspected within the last few years then the car owner will need to prove negligence.
Unless the tree was known to be at risk of falling and the council did nothing then they aren't liable.

Otherwise, it is an 'Act of God'.

N V Brooks ● 2128d