Claim against us for tree damage

[ThirstyMeeples]

I have received a letter from an insurance company alleging that someone has claimed on their insurance as a tree branch fell from our tree and damaged their car.
I've tried to ring their insurance but it won't connect me as says I'm 3rd party and don't hold a policy with them.
Do I engage with this? There's no evidence at all that our tree branch caused this damage. We've also been diligent and had the tree tended to as aware this is our obligation. The insurance letter states documents related to tree maintenance in last 12m but our last visit was approx 3yrs ago. We were told by the tree surgeons it needed doing every 5 years.
Can anyone advise here? Do I have to respond to their insurance company? There is no proof the damage was even from our tree other than their word.
Thanks.

I would contact your own home insurance and see if this is something they would deal with. Do you have legal cover as well?

Also go outside and photograph your tree, and do good shots of all the branches. Are there any signs of breakages or only tree surgeon cuts?

I would also email the original insurance people and demand proof that it was actually your tree. They should have photos or witness statements.

EDIT - never ignore stuff like this as courts can (and do) give judgements against (and award costs) based on no show/answer.

Thanks. I've emailed them to say we don't accept liability and have also booked a tree surgeon to come tomorrow for a review. We only had it done 3 years ago (and we're advised it should be done once every 5 years but we've always done it earlier than this)
I'll also contact our home insurance. Just wary of doing anything that makes us accountable

Did a branch fall on a car?

That's what the claim says. I've not seen the car/ met the person at all.

In that case I would reply saying that you are unaware of any damage caused by your tree and that they need to send full details of the claim so you can forward them to your own insurers.

Is your tree large enough that it reaches out over the road? Can you see any sign of branches having broken off recently?

If not, I think I'd take photos and send them to the insurance company. Maybe it's a case of the wrong tree/address?

Unless the driver picked up the branch and drove off with it, wouldn't it still be on the ground and you'd have seen it? So if it's not there...

It is a big tree and it hangs over the road. But we've always been careful to maintain it and my understanding was that our obligation was to responsibly maintain it (but can't control if a branch falls off)
Good idea about the photos too. I will do that tomorrow.

It's hastings insurance. Impossible to get through to. I tried every combination of options just hoping to speak to someone but to no avail.
There were certainly no big branches on the ground! Could have been some small ones but nothing very big that I saw at all.

Did they log it at the time? How did you not twig? I'd take a leaf out of their book and demand your branch manager inform them they are barking up the wrong tree.

I just couldn't help myself. Sorry.

😂 You have cheered me right up.
I might copy this and send on to the insurers.

Please get a tree consultant/arboriculturalist out for a tree survey, not a tree surgeon.

They can give you a proper Tree Condition Survey for the tree, which will be taken as expert evidence in any claim.

You’re right that 5 years should suffice, so long as you didn’t ignore any advice or notice anything wrong and not act on it.

I'm pretty sure that even if you properly maintain a tree you are responsible for damage. I think the difference is that if you don't maintain properly and someone is hurt you can be liable for negligence which is a bigger issue than simply your household insurance paying for damage

For example if your perfectly maintained tree is blown down in the wind it's still your responsibility. Your household insurance probably would cover

Potentially if you don't maintain properly your household insurance won't pay so you'd be stuck with the charge.

I'm not 100% as laws change but that's what I understood

Sorry I meant arborist (I had just forgotten the correct word)
The claim they are making is for negligence though which I hope to prove we have not been.
Ive also managed to find the photo evidence of the arborist in action 3 years ago and our proof of payment to them.

Ask your neighbours if anyone has doorbell footage or cctv. They surely need evidence against you and your tree. If the scammers offer up a date and time of the crime you can browse any available footage.

Ps I am grateful for everyone's input. I don't know why but it's really stressed me out! And DH is away so no one to talk to about this.

There's no local cctv as it's a fairly rural road. Ours doesn't stretch that far either. The date was when we were around eg not on holiday or anything so I would have seen a large branch I assume? Unless the damage is v small caused by a small branch. I don't know 🤷

Oh that's great thanks. Will try that too. It's so random. Never had anything like this before.

It sounds like you can proove you've not been negligent (in having a professional maintain the tree).
So now it's between your house insurance company and their car insurance company.

You might want to delete that due to the address.

Hand the person your phone, ask they to video all the places where a stump is on the tree. As a place where a branch fell from will be visible right now, as a new wound.

I feel sorry for you that somebody driving around in some crappy old 2014 plate Ford C-Max is trying to pursue you for this. I'd suggest treading carefully on this - it feels strange to me. For example, I am surprised that Hastings Insurance would want to waste their time / the costs involved on this.