nikki-red   308 #1 Posted November 22, 2012 My mums next door neighbours garden is quite overgrown, and today a tree that has been on its last legs for a while has blown over onto my mums garden, taking out a fence, part of a stone wall and damaging a load of shrubs etc. The neighbours have rang their insurance company to be told they wont pay out as its 'not windy enough'!! The neighbours dont have any spare money, so it looks like my mum and her OH are either going to have to pay for the damage themselves or go through their own insurance. Surely if the wind has blown the tree over then it was windy enough to blow the tree over????  Rant over Share this post Link to post Share on other sites Share this content via...
truman   10 #2 Posted November 22, 2012 Was the tree rotten or damaged before the incident? If it was then really it should have been up to the neighbours to sort it out before the wind got it..insurance isn't really a substitute for maintenance.. Share this post Link to post Share on other sites Share this content via...
nikki-red   308 #3 Posted November 22, 2012 Was the tree rotten or damaged before the incident? If it was then really it should have been up to the neighbours to sort it out before the wind got it..insurance isn't really a substitute for maintenance..  I think its looked a bit dodgy for a while. Oh well, its just one of those things I suppose Share this post Link to post Share on other sites Share this content via...
gnvqsos   10 #4 Posted November 22, 2012 Was the tree rotten or damaged before the incident? If it was then really it should have been up to the neighbours to sort it out before the wind got it..insurance isn't really a substitute for maintenance..  You are right,the neighbours should have attended to the tree,and must be liable to compensate the people affected albeit out of their own funds. Share this post Link to post Share on other sites Share this content via...
Strix   11 #5 Posted November 22, 2012 Sorry, but I'm with the insurance co on this. You said it wad on its last legs. It was obviously a danger. The neighbours had a responsibility to remove it before it came to this point  IF your parents have a policy which includes garden items (some don't), then they may pay out and pursue the neighbours for costs, or your parents could pursue it through the courts Share this post Link to post Share on other sites Share this content via...
truman   10 #6 Posted November 22, 2012 I think its looked a bit dodgy for a while. Oh well, its just one of those things I suppose  Yep but really it should be down to the neighbours...it's their tree ,I assume, so their responsibility.. Share this post Link to post Share on other sites Share this content via...
rabitter   10 #7 Posted November 22, 2012 nikki red insurance wont touch this, it is the garden owners responsibility.get photos of damage then estimate to get it put right,give them the bill.if not paid take to court looks like you will win hands down. saying they cant afford it is no excuse for having it in dangerous condition.pure idleness Share this post Link to post Share on other sites Share this content via...
nikki-red   308 #8 Posted November 22, 2012 Apparently the tree was ok, but had just been left to grow far too tall. Now the tree has been moved the damage isnt as bad as first thought, probably a couple of hundred quids worth so my mum and OH will just sort it themselves. The neighbours didnt even come out till after we'd shifted it all, not even to stop their dog going through the gap, and yet when she did my mums OH offered to strim their garden for them at the weekend!!! Share this post Link to post Share on other sites Share this content via...
Mecky   10 #9 Posted November 22, 2012 Insurance companies are only interested in taking your money from you. They are not the slightest bit interested in paying out and will leave no stone unturned to see that they don't have to. Share this post Link to post Share on other sites Share this content via...
Aleksandr   10 #10 Posted November 22, 2012 My mums next door neighbours garden is quite overgrown, and today a tree that has been on its last legs for a while has blown over onto my mums garden, taking out a fence, part of a stone wall and damaging a load of shrubs etc. The neighbours have rang their insurance company to be told they wont pay out as its 'not windy enough'!! The neighbours dont have any spare money, so it looks like my mum and her OH are either going to have to pay for the damage themselves or go through their own insurance. Surely if the wind has blown the tree over then it was windy enough to blow the tree over????  Rant over Neighbour's tree. Neighbour's problem. No money, but neighbour has house! Neighbour sells house. Problem solved. New neighbours! Share this post Link to post Share on other sites Share this content via...
mafya   246 #11 Posted November 22, 2012 If the neighbours own the house than they need to be compensating you as I'm sure if it was the other way round they would also want compensating for any damage. The insurance co not paying out is their problem. Share this post Link to post Share on other sites Share this content via...
Super Hans   10 #12 Posted November 22, 2012 Surely insurance is insurance.  Phone insurance for example, if a tree fell on my phone and smashed it the phone insurance would pay out, I don't see the difference. Share this post Link to post Share on other sites Share this content via...