Fire brigade charge - fallen tree on car

Brendan Burgess said:
I don't think that you need to.

Send a letter to the Council denying responsibility and let them take legal action.

Copy it to the land owner.

Brendan
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Exactly. Leave it up to them to chase. I remember a friend in the fire service telling me that unless an insurance company pays, these tend to disappear and never get paid.
 
Your car has been written off; so either you have no car or had to purchase another one. You may or may not still be paying a loan on the written off car. You've been sent a whopping bill for FB services and you are now contemplating legal action and fees.

Yet this is cheaper than, potentially, losing some NCB. I hate to think what your insurance premium must be.

BTW - next time you take out car insurance, ask about protecting your NCB.
 
While I do agree with the Thirsty's post above I think it's important to point out that although you can protect your NCB
you cannot protect your gross premium from rising after you make a claim on your policy
 
Morning, thanks for all your advice. The tree fell from the ditch onto the bonnet while I was driving. I have tried to explain my point of view to the local authority in writing, but they dismissed my point of view. So I'm going to hand all the paperwork over to a solicitor. I agree with you Buddyboy, a solicitor should cost less than the FB bill. Thanks everyone
 
What about recovering the cost of your car? Was it in a storm or a normal day? If not a storm you probably have a claim against the landowner. You solicitor will probably ask you.
 
Early Riser said:
If not a storm you probably have a claim against the landowner. You solicitor will probably ask you.
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You still have to prove negligence on the part of the land owner for this to work. This will likely involve hiring an arborist to inspect other trees on the land to form an opinion on whether the are in an obviously dangerous condition.

From above it sounds like the council did speak to the land owner and decided either no liability existed, or that the OP was an easier target.
 
Section 70 of the 1993 Roads Act states
The owner or occupier of land shall take all reasonable steps to ensure that a tree, shrub, hedge or other vegetation on the land is not a hazard or potential hazard to persons using a public road and that it does not obstruct or interfere with the safe use of a public road or the maintenance of a public road.

So you would need to be able to prove that the farmer had not taken reasonable steps, possibly that the Council had not issued him with a maintenance order or if they had that he had ignored it. I'm surprised your Insurance Company has not reached out seeking the Land owners details as if the landowner had not taken reasonable steps, then potentially he is liable not just for the call out charges but also the cost of the write off of your car.
 
Morty1 said:
Morning, thanks for all your advice. The tree fell from the ditch onto the bonnet while I was driving. I have tried to explain my point of view to the local authority in writing, but they dismissed my point of view. So I'm going to hand all the paperwork over to a solicitor. I agree with you Buddyboy, a solicitor should cost less than the FB bill. Thanks everyone
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What Brendan says above is spot on. Why are you incurring a legal bill when you don't have to? Tell them you are not paying and get them to initiate legal action if they want to. Then you can go to a solicitor if they do which is highly unlikely. You go to a solicitor now and the whole thing will be drawn out while they swap expensive letters.
 
+1 with wait and see.
Playing defence here is the smart move. If the council come looking through court related debt recovery, instruct a solicitor.

The only caveat i put to that is that the council would have a right to recover costs, if successful. I saw a litter fine of €250 cost €2150 when costs were added.
 
Hooverfish said:
OP has not stated weather conditions at the time of the accident?
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he stated:

There had been a storm the previous evening, and the fire brigade were busy all day clearing trees.
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so it sounds like the tree was dislodged by a storm but only fell afterwards. In which case it's probably not the fault of the landowner, the council, or the OP, it's just one of those things that happens.

Do all councils bill for FB callout, or does it differ from county to county?
 
Local Authorities do offer a waiver if there is hardship.

Rather than saying 'no, take me to court', could you approach them and see if they will do a deal? If you do go to court and lose, then you will be facing a larger bill as you will have to pay local authority expenses as well as your own.
 
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