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Storm damage - who to claim from....

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  • 20-09-2018 1:48pm
    #1
    bgaughan
    Registered Users Posts: 28 ✭


    Yesterday I parked my car in my workplace car park as normal in Dublin City centre.

    During the high winds a large branch fell from a tree and caused significant damage.

    here are the facts

    [*]its a private car
    [*]car parked in work place car park with 10 others
    [*]tree is on the street (Dublin City Council property)
    [*]the tree overhangs the car park
    [*]tree branch caused €4,000 worth of damage (initial quote which include roof and windscreen replacement among others)

    I have reported the issue to my insurer. I have reported the issue to DCC. I have to submit a claim form to them before they will even look at the case.

    My insurer may cover the cost of repair but my premium will sky rocket. As of right now I have not engaged a solicitor.

    Does anyone have any advice on how I should proceed?

    thank in advance,
    Tagged:


Comments

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    #2
    Eggs For Dinner
    Registered Users Posts: 2,976 ✭✭✭Eggs For Dinner


    Unless you can prove negligence against someone, you have to deal with it yourself.


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    #3
    coylemj
    Registered Users Posts: 25,438 ✭✭✭✭coylemj


    Eggs For Dinner wrote: »
    Unless you can prove negligence against someone, you have to deal with it yourself.

    +1 OP, trees are a feature of every city landscape, bits fall off now and again during storms. If the council was to be responsible for your damage, you would probably have to prove that (1) the tree was diseased or in poor condition by virtue of it's age and (2) the council either knew about it or should have by regular inspections.

    I'd say you have to fall back on your own policy, assuming it's fully comp.


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    #4
    bgaughan
    Registered Users Posts: 28 ✭bgaughan


    thanks for the comments guys.

    yep - fully comp just afraid of what the premium next year will look like.


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    #5
    uck51js9zml2yt
    Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    If you could prove the parks dept or DCC failed to maintain the trees!


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    #6
    Sleeper12
    Registered Users Posts: 17,069 ✭✭✭✭Sleeper12


    bgaughan wrote:
    I have reported the issue to my insurer. I have reported the issue to DCC. I have to submit a claim form to them before they will even look at the case.


    I'm sorry for your troubles.

    Tree branch falling in a storm falls under the act of god thing. It's no one's fault (unless you can prove tree was rotten and should have been removed). I can't see any other option but to claim off your own insurance.


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    #7
    coylemj
    Registered Users Posts: 25,438 ✭✭✭✭coylemj


    Monserrat Square Nectar wrote: »
    If you could prove the parks dept or DCC failed to maintain the trees!

    Agreed but I have to say that this week, I saw two trees which lost large very branches, either one of which could have done the type of damage the OP described and in both cases, the trees were in in very good condition because the exposed bare wood was the colour of raw timber, showing no rot or disease.

    A contributory factor was that a lot of trees still had lots of leaves on them which increased the physical stress caused by the wind but at the end of the day, the OP's tree was struck by the brute force of nature and I cant see DCC conceding any liability.


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