Car crash

JonasBlane

If it was private land ?

Stihl waters

JonasBlane wrote: »

Well the tree was on a main road ....who is responsible for keeping the roads safe ?.

Find out who owns the tree, engage a solicitor and take them to court, let us know how you get on

Wildly Boaring

The landowner. BUT only if they can be found negligent.

JonasBlane

What are my options if the person owns the land doesnt have any insurance ?.Or just denys that he owns the land.. ( Thats not my tree )

phildub

I mean thats the risk you take when you get third party insurance, there are exactly the types of scenarios that people take out comprehensive to cover.

But I see you are envious that your friends are going to make money off this and you can't, why don't you speak to a solicitor about suing the County Council (assuming they were in control of the road) and they might have breached their duty of care by allowing the tree to remain on the road. You can also find out who owns the land and sue them, id sue both and let the courts decide who's more to blame.

highdef

What are the passengers claiming against you? Not a great time to have an accident with taxi demand already not great these days.

Wildly Boaring

Anyway you have 3rd party, fire and theft.

On the next few weeks your insurers will only engage with you to get your story.

If your car is a write off you need to buy a new one. You will have an open claim so no other insurer will touch you.
You'll have to take whatever premium you get from you r insurer. You will lose your NCB or a percentage of it based on your protection.

Your insurer can then only wait for your 3rd parties to claim.
They might leave your claim open, snookering you, until they get confirmation from your third parties that they won't claim.
If your 3rd parties are claiming then the claim remains open until sorted.

phildub

JonasBlane wrote: »

What are my options if the person owns the land doesnt have any insurance ?.Or just denys that he owns the land.. ( Thats not my tree )

If the land is registered then they can't deny it and its not really about who owns it, more about who is in control of it, such as a tenant farmer etc.

Land might not be insured which is why suing the council ( as I stated in earlier post) aswell as occupier of land would be a better bet. According to a recent supreme Court decision even if the council are found 10% and the occupiers of land found 90% you can still claim for 100% from the council if occupier has no way of paying

JonasBlane

Been completly honest i had a head on with a tree..i went to hostpital got a x ray .Got told i injured a disc.....im not ambulance chasing

Vestiapx

OSI wrote: »

Unless you can prove the were negligent in the care and maintenance of the tree, no one.

That's not how it works, the tree clearly fell. Was there a storm or wa it on its last legs for ages. Have a look on Google maps and see what the tree looks like there. Need to act fast tho the tree owner will have chopped up the tree and might even have pulled the stump. It's all a grey area don't let anyone tell you otherwise.

JonasBlane

To be fair they are both banged up....both have wiplash.the front passenger has facial injuries.The mirror hit him in the head on impact

phildub

JonasBlane wrote: »

Been completly honest i had a head on with a tree..i went to hostpital got a x ray .Got told i injured a disc.....im not ambulance chasing

What do you mean when you say been completely honest I had a head on with a tree? That seems to me like the tree was exactly where it was supposed to be and you crashed into it? Was the tree on the road or not?

And I sympathise with you, I am suffering from a slipped disc 1.5 years later and still claim has not been settled (I was passenger)

JonasBlane

I got someone out there And got photos.....The next day the tree stump had vanished ?

JonasBlane

No the tree was Straight across the road blocking it. Both lanes . I came around a bend and hit it...Not a case of me me crashing into a ditch..

phildub

JonasBlane wrote: »

I got someone out there And got photos.....The next day the tree stump had vanished ?

But you have a garda witness that a tree was on the road, what did the garda do at the scene, was anyone called to remove the tree?

JonasBlane

No the tree was Straight across the road blocking it. Both lanes . I came around a bend and hit it...Not a case of me me crashing into a ditch..

phildub

JonasBlane wrote: »

No the tree was Straight across the road blocking it. Both lanes . I came around a bend and hit it...Not a case of me me crashing into a ditch..

Ok well as your insurance company is not an option the only avenue you have in damages is to find and sue land owner so I would contact a solicitor first thing tomorrow

Let us know how it goes

JonasBlane

Yes i called guards to scene... Met.them to give a accident report. few days ltr.The tree had to be removed by fire Dept.. they Cut it up and removed it

Atlantic Dawn

Might help to have a look on Google Street View to establish what the tree in question was like pre accident and where it was located.

Have a look on Landdirect.ie to establish the owner of the land it was on, costs €5.

NSAman

were you five kilometers from the house?

Why were you travelling during a pandemic?

Failing that let the insurance handle it all... that is why we all have insurance.

punisher5112

NSAman wrote: »

were you five kilometers from the house?

Why were you travelling during a pandemic?

Failing that let the insurance handle it all... that is why we all have insurance.

Third party.... Insurance doesn't want to know....
Only they'll cover passenger injuries and costs if any.....

phildub

NSAman wrote: »

were you five kilometers from the house?

Why were you travelling during a pandemic?

Failing that let the insurance handle it all... that is why we all have insurance.

Failing what exactly? OP has already stated his insurance won't cover him.

Whether he was outside the 5k is irrelevant as that is a criminal matter that the gardai should have dealt with at the time and there are plenty of reasons why people need to travel, it has nothing to do with the thread!

Eggs For Dinner

The owner of the tree will only be held accountable if it can be shown that the reason it fell across the road was due to neglect or poor maintenance. Other than that, the burden will fall with the driver

JonasBlane

I was within my 5 k actually