Dave Thornton

Hi

I'm after a bit of advice. In June 2004, a 15 foot long branch fell on the bonnet and bumper of my Subaru while driving along. Damage is about £500 so not worth going through my insurance.

I have tried to claim from the Council Highways department without success. They have denied the tree stands on their land - though the Land Registry shows it is, and they have a get-out clause saying that, as they had inspected the road in the 3 months before, they are not liable. My argument is that the inspection was not thorough (and therefore negligent) as they had not noticed this branch was dangerous. They also missed another, smaller, dead branch which was directly over the road and not even attached to the tree - merely wedged between 2 other branches. This is still there, despite several inspections since.

I now have 2 choices: forget about it, or make a claim in the Small Claims court. I have photographic evidence of the relevant branches and all correspondence etc. Advice please.

fitzscoob

playing devils advocate here, do you have any proof that the branch that fell onto your car came from that tree?

do you have any witnesses that saw the branch hit the car?

I dont think showing a picture of a branch on your bonnet and a picture of the tree would class as proof.

Personally I would say swallow it and move on, however £500 is a lot of money, so going down the route of small claims court may be worthwhile, but without solid proof it may prove to be a waste of time.

Dave Thornton

btt

minted_aye

Forget about it, I know its a bitter pill. Time going to court and costs win will not be worth it if you lose, could cost you a lot more than £500

AudiMan

Small claims, will cost you £60, that is all you will pay. you can add this cost to the 500, prepare the forms neatly with photo evidence, people shouldn't let Councils get away with negligence, (just for info 9 out of 10 cases go in favour of the claimant - ie you).

Good luck.

Ian

maclean2

Hi - and even better you don't have to pay anything towards the other sides costs even if you lose.If you win the council will have to refund you the £60.00 as well as paying you the £500.00 for the bonnet.