Tree Down Need some Advice

[Ando_Leigh]

Hey Guys

Was at work today only to get a call from dad saying the tree next-door on the council strip has fallen onto the drive and on the back of my Ute.

Now no major damage occurred but it has scratch the tailgate and passenger’s quater to bits along with a few dents and put a few hols in the cover.

Now with the tree being on the council strip out the front and the car being parked in the driveway.

Who is at fault and how would I go about it getting fixed the right way. All that the car would need is a fresh coat of jam on the gate and the quarter up to the door and maybe a new cover.

Is council likely to pay up?

[LUXO_8]

first things first...dont move anything....get as many pics as you can
speak to your insurance co......explain what's happened.......they'll likley start the claim off and chase it up with your council for you

[Ando_Leigh]

ok well we took heaps of photos and then rang council they came out and cleaned up the tree. thats what i have been told as i was at work. i was going to call council on monday and chase it up but should i call my insurance first?

[GasoLane]

Most, if not all, council's will have a public liability insurance so I'd contact them first.

It probably wouldn't hurt to tell your insurance company as well, cover yourself from both ends then

[LUXO_8]

the way i see it is, you werent at fault....you were on your private property and the councils tree hit your ute........so you should have every right to go through your insurance co, and get their garunteed repairs. sorry if it sounds harsh but dont give them an inch......

[Ando_Leigh]

Cheers guys will call my insurance tommorow and them aswell if there open on sunday.

Thats what i was thinking Madnac8

Thanks for the Advice guys let you know how it all turns out.

but just had another look at it and noticed the tailgate has moved and isn't straight anymore so just hope it can get fixed. the poor girl has had a hard life.

[normxb]

Originally Posted by GasOLane

Most, if not all, council's will have a public liability insurance so I'd contact them first.

It probably wouldn't hurt to tell your insurance company as well, cover yourself from both ends then

Yep , I think I'd go down this track , most councils would want the matter settled pretty quick , they have basically admitted liability by sending out their workmen to clean it up . Otherwise they would have said "Your Problem" (personal idea only , I'm no legal whizz)

[GasoLane]

I'd ask the insurance company for advice before making any claim. They may suggest that you approach the council. If you claim through your insurance you could lose your no claim bonus rating.

[au2sw]

Originally Posted by GasOLane

I'd ask the insurance company for advice before making any claim. They may suggest that you approach the council. If you claim through your insurance you could lose your no claim bonus rating.

good point. approach council first and see if you cannt settle it with out involving your insurance. get a few quotes on the repairs by reputable smash repairers and take that to council. be prepared to put up a fight though. from my experiance, councils dont like to part with thier money and will find any excuse not to. perhaps seek legal advice as well? best to cover all bases in any case. but see what council says first.
good luck
col

[Yaw]

My advice, Claim through your insurance, yes you may have to pay your excess until the council does admit liability, then your excess will be refunded, now the beauty of doing it this way is you will get whatever warranty\guarantee your insurer offers. Most offer a lifetime warranty on work organised by them.

[LUXO_8]

Originally Posted by Yaw

My advice, Claim through your insurance, yes you may have to pay your excess until the council does admit liability, then your excess will be refunded, now the beauty of doing it this way is you will get whatever warranty\guarantee your insurer offers. Most offer a lifetime warranty on work organised by them.

i was waiting for you to post in this thread yaw.....
what you've said is what i was trying to say

[GasoLane]

Originally Posted by Yaw

My advice, Claim through your insurance, yes you may have to pay your excess until the council does admit liability, then your excess will be refunded, now the beauty of doing it this way is you will get whatever warranty\guarantee your insurer offers. Most offer a lifetime warranty on work organised by them.

Not forgetting that the council also has insurers, with probably the same warranty deal.

[ebxr8240]

Act of God....Sorry...Lol...
Through insurance you'll be fine....

[Yaw]

Originally Posted by GasOLane

Not forgetting that the council also has insurers, with probably the same warranty deal.

An insurance company looks after its own client, not always the third party.

For instance lets say you cannot afford to pay for the repairs yourself, what happens if you go through the other parties insurance is they tell you to get quotes, they will pay from the quote after you sign a release saying they have paid you in final for that claim.
Quite often when the repairs get underway extra damage can be found, now if you sign a release to have the money paid to you, you wear any extra cost.

If you do find an insurer that will try to repair the third parties car, it will not come with the same benifits of a lifetime guarantee. The one I work for offers a 3 year warranty on repairs for the third party.

[GasoLane]

As far as council's go I was thinking back to when some roadworks were done here a few years ago (Hammond ave for the locals).

Householders alongside the roadworks complained about the dust getting into their houses and complained. Council paid for carpet/curtain etc cleaning without much fuss saying in the local paper that they are covered by insurance for these things. I was thinking that this would also cover trees squishing utes