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View Full Version : Was anyone else effeted by the storm?



purityspa
31-10-2013, 19:50
I was on the camping and caravanning club site during the storm. A massive tree crushed my car, we weren't hurt thank god but my car is now a write off, damaged the pop top roof on the campervan and shattered the windscreen.
I Spoke to the camping and caravanning club head office and they said all they could do was offer me two nights for the trouble.
I'm now have no car and staying in hotels until the van is repaired/

Tonyhezz
31-10-2013, 19:52
Surely the site should have insurance for yr vehicle been damaged while on the site..

purityspa
31-10-2013, 19:54
Head office said there was nothing they could do to help me apart from offer me 2 nights storage and 2 nights stay on the site :(

Tbear
31-10-2013, 20:11
Their tree smashed your car. What does your insurance say about it. You could be really cheeky and phone the C&CC legal advise line for help. Might be better not to mention it was on a club site :)

Richard

n brown
31-10-2013, 20:24
I rent a house from a Trust who recently spent a LOT of money sorting out any tree on their extensive properties in case any tree caused any harm to anybody. therefore they had been advised by their legal team that the trees were their responsibility.your case doesn't sound any different to me,i would definitely get legal advice

Firefox
31-10-2013, 21:00
The way public liability insurance works for private woodland is that if one leaves trees in an unsafe condition with rotten branches ie One has been negligent, then the insurance will pay out if a branch gets blown off and hits someone to cover the negligence.

However, if one has maintained the trees in good order and an exceptional wind blows the tree down it is regarded as a "force majeure" and the insurance company will have a get out out clause and won't pay out. Also if the camping club has not been negligent you can't sue them direct as, if there is no negligence to prove, there is no case.

Your best chance probably lies in examining the tree to prove it was rotten or poorly maintained, for which you'd probably need a tree expert. If that can be proven then the camping club's insurance should pay out.

So it is likely not quite straightforward.

Your own insurance may pay if it is fully comp, but they often have get out clauses for force majeure and in any case (wrongly or rightly) may try to hold you liable if you parked near trees in a storm.

purityspa
31-10-2013, 21:09
My crappy insurance company said I'd loose 4 years no claims and by the time I paid the excess and outstanding insurance balance (which needed to be paid before they pay out) it wouldn't have been worth it so the car was recovered and scrapped privately.

Firefox
31-10-2013, 21:15
Yes best chance would be to claim on camping club.

It's worth having a look at the tree stump and trunk, if possible, to see if there is any signs of rot or insect attack or other defects. If there is, take legal advice and maybe engage a tree expert, as I think you then have a good case. If not, it may be difficult to get anything out of them :(

Captain Biggles
31-10-2013, 21:51
I was on the camping and caravanning club site during the storm. A massive tree crushed my car, we weren't hurt thank god but my car is now a write off, damaged the pop top roof on the campervan and shattered the windscreen.
I Spoke to the camping and caravanning club head office and they said all they could do was offer me two nights for the trouble.
I'm now have no car and staying in hotels until the van is repaired/

I have to ask the obvious question, and that is, what were the 'Terms and conditions' in your Policy Document that you agreed and signed in confirmation to the Contract in question?

Captain Biggles

vindiboy
31-10-2013, 23:17
I was at Calais the night of the storm, Calais port was closed as was Dover , not a problem to me as we were snug in our van on the Calais Aire [free now ] but it did blow and the van was a rockin, I eventually arrived home to find that our fridge freezer had died whilst away and the food in it had spoiled, only about 50 worth of food in it as we took what we could with us when we went away, I have Insurance cover for freezer contents but a fifty pound excess on it, as it happens my Insurance is due for renewal ,so I spoke to the Insurers about my loss, I am eligible for a 25% discount on premium this time for no claims , which I would lose if I make a claim for the lost food,even if I padded the claim out I would be out of pocket on the deal, so I have to bite the bullet on this one, I sympathise with you on your dilema.

bru
01-11-2013, 04:59
had this happen to a mate years ago a big tree ripped up at the roots , they wanted him to prove who planted the tree and that it was planted incorrectly ,


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