Fallen tree damage

Dual wheels

If I have a tree on my hedgerow which falls during windy weather and a number of days later I am approached by an individual saying that the tree fell on his car and caused damage, what is my position?

Act Fast

Did they produce any evidence? If it was from a storm you might be ok - act of God kind of a thing.

Dual wheels

Yes it was during a storm, they haven’t produced any evidence, they said they went to the guards and then they said they didn’t and then they said they have a pulse number for the record so I suspect they went to the guards after the alleged incident to cover themselves, the guards didn’t attend the scene on the night and there was no independent witnesses and I strongly suspect this individual is trying it on

Madd002

Go to the guards yourself and give them said individuals name, tell them they said they reported to guards but no call out, tell them they haven't produced any pictures of car under said fallen tree and ask guards to advise you of how to proceed.

medoc

You might want to talk to a solicitor. Landowners can be held liable for damage caused by trees falling from their land. Can they prove it was damage caused by the tree that fell from your property?

Dual wheels

No they have no evidence and didn’t call the guards out to the alleged incident, no witnesses either

Aravo

More info required.

Was there a weather warning on the date in question.

Where did the tree fall. On a bend location or a straight stretch where one should be able to see any obstruction.

Is the road a local, regional or national road.

Did a branch, limb or whole tree fall. Was the tree rotten. Is it an ash tree, a lot of ash die back available.

Is the tree in the centre of hedge or on the roadside side of the hedge.

Dual wheels

https://www.boards.ie/discussion/comment/121644760#Comment_121644760

there was a storm on the night but I can’t recall if there was a weather warning, tree fell on a straight stretch where there is good visibility on a local road recently downgraded regional road , tree was in reasonable condition but as it fell it was obviously old and in the middle of a hedge

Aravo

https://www.boards.ie/discussion/comment/121648066#Comment_121648066

Met Eireann issue advisories in relation to weather warnings.

Not all trees that fall are old. Storms can do strange things.

So the tree fell on car and not the person drove into it.

Is this person known to you. What do they usually drive, what are they driving now.

Did you see the location after the alleged incident. Was the tree removed, if so who by. What did they see. Is there any houses or other landowners nearby that would know what happened.

AFAIK if you knew the pulse number you could ask the gardai if you could get the associated pulse number as a claim is being made against you. You might have to pay to get it. If you have insurance you should notify them of this alleged claim, failure to do so could make your insurance null and void and leave you to look after things. The insurance can look for the garda info if it's available.

Jim_Hodge

https://www.boards.ie/discussion/comment/121644760#Comment_121644760

None of that matters. Regardless of the weather, how much of the tree fell, the health or species of tree, the rating of the road or the location or condition of the road, the landowner is responsible if a tree causes damage.

Aravo

https://www.boards.ie/discussion/comment/121650604#Comment_121650604

Not true. Know of a fella had a large branch fall on his jeep so he alleged it happened. In to court they go. A tree specialist gave evidence on behalf of landowner, tree was fine, in good health. Storm damage, these things happen. So jeep owner lost case. Roll on a few months, another storm the same full tree falls. Tree was rottening from inside out. Back into court, jeep owner wins.

Dual wheels

https://www.boards.ie/discussion/comment/121650555#Comment_121650555

It’s someone I know of but don’t know what they normally drive, they wouldn’t have a great name in the area… they are saying it fell on their car, the council cut up the tree the next day and there was no evidence of a car being at the scene, nobody nearby and no witnesses

DylanQuestion

Wouldn’t they have been injured if a tree landed on their car? How would they have got the tree off the car? I assume it’s a large tree?

Jayuu

Seriously if they have no actual photgraphic or physical proof that your tree fell on their car then ignore them. You could go to the guards and check if there is any record of the incident but if not then why would you engage with them any further? The burden of proof is on them not you.

Aravo

https://www.boards.ie/discussion/comment/121653251#Comment_121653251

If the council attended they may have a record of visiting the location in terms of date & time etc. What time were they notified and what time did they attend etc. Also, maybe they have a photograph. Check their twitter & Facebook feed, did they put up that this road was closed.

You could look for all of the above information from council. Easier to get info from them than a private individual.

If they have no proof. What's the issue?