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Claim against us for tree damage

34 replies

ThirstyMeeples · 19/09/2024 16:46

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.

OP posts:
hollyblueivy · 19/09/2024 18:43

Can you see that a part of the tree has come off your tree? Are there any remains of whatever it was that fell? Surely it would still be on the ground as who would clear it otherwise? When did they say that the incident happened? Could it have been during a storm - sudden and unforeseen?

ThirstyMeeples · 19/09/2024 18:47

I didn't mean to put my address on there. I thought I'd just photographed the bottom of the letter. I've asked MN to remove it for me.
It happened apparently in July. No big storms I even remember. I could get a weather report for the day I suppose to check.
When you say you feel sorry for me given their old car, can I ask what you mean? As in you think they're trying to claim fraudulently? I hadn't even thought to check what type of car they had.
I feel really quite stressed about this (hence the silly posting my address)
Thanks for talking it through with me.

OP posts:
ThirstyMeeples · 19/09/2024 18:48

There's definitely nothing obvious to see on the tree. I will ask the arborist tomorrow what his opinion is and get some photos.

OP posts:
Beautiful3 · 19/09/2024 18:58

Could be fraudulent? My husband received a claim from 2 years ago?! For a place we visited the day after the alleged accident happened. We weren't there and welcomed the vehicle assessor to check our car. He verified that it hadn't been damaged in that area. It was logged as a fraudulent attempt.

RJ2023 · 19/09/2024 19:01

ThirstyMeeples · 19/09/2024 18:47

I didn't mean to put my address on there. I thought I'd just photographed the bottom of the letter. I've asked MN to remove it for me.
It happened apparently in July. No big storms I even remember. I could get a weather report for the day I suppose to check.
When you say you feel sorry for me given their old car, can I ask what you mean? As in you think they're trying to claim fraudulently? I hadn't even thought to check what type of car they had.
I feel really quite stressed about this (hence the silly posting my address)
Thanks for talking it through with me.

Hi - my comment about the car being a crappy old 2014 Ford C-Max wasn't meaning fraudulant. It was more that I felt sorry for you that you've encountered somebody who is this litiguous and that Hastings Insurance seem to be entertaining them on it and that you are now going to have to spend your time dealing with it.

thinkfast · 19/09/2024 23:45

You need to let your own insurers know about this and respond. If you start interfering with a potential claim, your insurers might not accept liability for helping you with it under your policy.

angstypant · 20/09/2024 07:51

I'm pretty sure the onus is on the claimant to prove it was your tree.

As there is no evidence of a branch having fallen from your tree, there really is no way you will be held liable.

It's just their word with no evidence supporting their claim.

JohnofWessex · 20/09/2024 08:10

The risk that the insurers run is that if they assist with a fraudulent claim they might find themselves in the firing line as well as the claimant

ABirdsEyeView · 20/09/2024 09:31

Id also think that they have to prove any damage came from your tree. So id be expecting my own house insurance company to request their evidence.

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