Tree from my Farm just fell over in Wind. Took out 2011 Mercedes 350 !!!! ????

[Boomin33]

Oh MY.... just got a call from my Neighbor who took delivery of his 2011 Mercedes 350 a couple weeks ago.

There is a thick line of Trees that Line the Road along a horse yard we own. it is surrounded by very nice houses....

A Tree that appears to have been was ravaged by Dutch Elms desease and about 45 tall just toppled in the Wind and SMASHED across the back end of his car.... Windscreens blown out.. warped metal.. the LOT.

it's debateable whether the tree was physically on my land or on the bit the National Trust own that is between the Road and our land...


Am I liable or... will his car Insurance cover it????

OH MY. :(

[Lankstarr]

Did you know the tree was dead/infected/dangerous?

"If the tree was obviously dead and you had prior notice from obvious observation or actual notice from the neighbor of the dangers. You would have had a duty owed to the neighbor to abate that danger or hazard. Your failure to abate the danger would be the causal relationship to his damage..."

Read more: http://wiki.answers.com/Q/Who_is_responsible_for_damage_from_a_tree_blown_ov er_in_a_storm#ixzz1Xk6U0fLl

If not his insurance should cover an act of nature. If so hopefully your liability insurance will cover you.

[Nick Graves]

Given the hurricane, I think you can be forgiven for not knowing it had DED; it's not like it just fell down. IF it is your tree...

Best of luck getting it sorted.

[Boomin33]

Yep, we've had more trouble with neighbors freaking out when I do go in and prune as they think they are all property of National Trust, but the NT has never taken any notice of out lane and seems to do nothing about the overgrowth. This gives us the excuse now to go in and clear them out.

it's a real shame as the guy is gutted. Luckily he's a super nice guy, whom we get along with very well; and blames it more on the council truck that made him put his car in a spot he never would have considered...

anyway. will be interesting to see if we get any questions thrown out way.

I imagine with the highs winds of today, these sort of things will be in higher numbers..