who has the liability???

[R4LLI4RT]

im in dandenong and i have a family repairer.

i just find it strange that a tree on private property can damage a car and no1 has to take responsibility for it, but if some1 hits a tree on a naturestrip outside your home its actually your responsibility.

its not worth paying the excess on my insurance as the damage to my car is approx $400, excess is $600.

honestly i would of been happy if they said we are sorry we are willing to pay half and the tree will be removed. not a letter saying hey we deny that it happened and liar liar pants on fire.
whats even more appauling is that the other company victorian public transport.

[Kal777]

the other company victorian public transport.

good luck getting a cent out of them if they are anything like SA public Transport. bus merged lanes in traffic and side swiped a friends 300C causing 2 grand of damage. lets just say SA Transport found a way to not pay a single cent for the damage.

but i do agree, a tree is a tree, and branches do fall. unless you can prove that the branch falling was caused by the negligence of the party the tree is on (most likely cant) you dont have a leg to stand on.

[sleeper]

if its on a nature strip u can sue the council but good luck with that

[R4LLI4RT]

ohwell if i get stuck with this im just gana blast them on social media
see if i can get aca interested lol!

[SIX]

act of god . put plain and simply . could not be predicted and negligence wont count as how do you prove negligence ... do u monitor when and how they water it , when and how they prune it ... and then what is counted as reasonable negligence ???

[R4LLI4RT]

it seems that unless someone is hurt something happens

if something is damamged then people dont care

i thought thats why insurance was created and public liability was covered.

[squala]

FYI - dunno where in Melbourne you are but I can highly recommend Navarone Accident Repair in Clayton for an awesome repair job and awesome customer service if they are not too far from you

I've heard good things about Navarone's quality of work, but they are quite Mickey Mouse when it comes to pricing. I called them once on how much to paint my Evo-style spoiler, and they said $200 cash. I brought it over and another man gave me a quote of nearly twice that, saying all this baloney about $200 only covering side mirror covers. I just looked away and drove out.

[jordan.fuchs]

An act of God is a legal term for events outside human control, such as sudden floods or other natural disasters, for which no one can be held responsible.

As I said, unless you can prove negligence (good luck) you have no case.
I know this isn't a natural disaster, but it still comes under the term act of god.

[squala]

It might be hard to prove negligence as the other party will just say that you should have told them about the tree before and not park underneath until they get it sorted out.

Perhaps you can get the council involved and see how they will assess the situation. At least you might get the other company to meet you halfway with the costs.

[R4LLI4RT]

insurance hasnt written back yet.

seriously sick of companies attitudes towards consumers.
honestly there should be laws in place to protect common individuals.

i can understand the whole god thing if i was out in a national park or something, but on private property the liability should fall to the owner.