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22-11-2012, 14:58   #1
nikki-red
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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
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22-11-2012, 15:03   #2
truman
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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..
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22-11-2012, 15:06   #3
nikki-red
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Quote:
Originally Posted by truman View Post
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
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22-11-2012, 15:08   #4
gnvqsos
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Quote:
Originally Posted by truman View Post
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.
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22-11-2012, 15:08   #5
Strix
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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
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22-11-2012, 15:08   #6
truman
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Quote:
Originally Posted by nikki-red View Post
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..
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22-11-2012, 15:42   #7
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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
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22-11-2012, 16:02   #8
nikki-red
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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!!!
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22-11-2012, 19:16   #9
Mecky
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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.
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22-11-2012, 19:59   #10
Aleksandr
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Quote:
Originally Posted by nikki-red View Post
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!
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22-11-2012, 20:08   #11
mafya
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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.
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22-11-2012, 20:51   #12
Super Hans
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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.
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23-11-2012, 09:57   #13
alchresearch
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23-11-2012, 10:09   #14
SevenRivers
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Most insurance includes a certain amount of public liability which should cover it. Contact your own home insurer, they will probably be able to find out your neighbours insurer and negotiate the claim on your behalf.
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23-11-2012, 10:40   #15
fussy
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A roof tile once blew of a roof and onto my dads new car bonnet the insurance cpmpany wouldn't pay out and said it was an act of god.
I said give me his address then so I can claim off him.
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23-11-2012, 12:37   #16
HarmOKnee
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Originally Posted by fussy View Post
A roof tile once blew of a roof and onto my dads new car bonnet the insurance cpmpany wouldn't pay out and said it was an act of god.
I said give me his address then so I can claim off him.
What if you told them you don't believe in god?
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23-11-2012, 12:46   #17
poppins
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My insurance policy reads the wind has to be so many MPH to cover certain damages, but they have covered some of my claims in the past less that what it reads.
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23-11-2012, 13:00   #18
denlin
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Your mum and OH sound like the sort of neighbours anybody would be proud to live next to Nikki. Unlike the buffoons who live next to them who think everything should be handed to them on plate. They don't deserve any sympathy - send them bill for fence. Why should your mum and OH face spiralling insurance costs because of the neighbours apathy when it comes to taking out their own insurance
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23-11-2012, 15:50   #19
Total Chaos
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Quote:
Originally Posted by nikki-red View Post
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!!!
Sue the neighbours
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