Hi OzBargain!
Hoping that this is an easy one to answer. One of our neighbours parks out the front of our home on the street, and a branch fell onto her car, chipping her windscreen.
She hasn't asked me to pay, however, I was wondering:
Trying to do the right thing if I can. Thanks all.
I don't think you're correct. It's an act of God so the landowner is not responsible unless of course, Council had identified the tree as requiring removal/ pruning.
Wrong. Trees are to be maintained by the owner. A branch falling is not an act of God. An act of God would be a cyclone or something the owner has no control over.
If the tree is maintained, healthy etc it is an act of god. For it to not be an act of god the tree owner would need to have been informed the tree was dangerous, or the tree have a history of dropping branches.
Wrong. If the tree does not pose any danger and not known for dropping branches, then it's an Act of God. No one is responsible. E.g. if the earthquake started under your property and caused the neighbour's property to crumble.
If if's dying, leaning over, etc. and poses a risk, then that's a different matter.
By any chance are you around bankstown?
No, not near Bankstown.
Would it be any different if it was a tree on council property? I wouldn't do anything its the risk you take parking under a tree…
chipping her windscreen
Really. Maybe cracking? A chip is typically from a very fast moving small object - which a falling tree branch is not.
I suspect the chip was pre-existing.
A chip is also from something very hard (like a rock). I cant imagine timber chipping any glass. A tree would crack it. Something is suss here.
Had to teach the neighbour a lesson somehow
Legally not liable as it is an act of god. Morally that is up to you but you may find the tree isn't on your land anyway - ie council tree. You can be they wont be buying her a new windscreen.
She can go thru her insurance or just suck it up.
Branch falling is not an act of god. Its quite common
God isn't common?
"For you to be liable, generally you need to be aware the tree:
Is near the boundary and is in a dangerous condition, or
Belongs to a species which is known to ‘drop’ branches"
Unless she has any evidence it wasnt pre existing i'd just ignore her.
Dont feel sorry for her, trees drop branches, its what they do, and she knew this parking there.
it's not your fault. it's one of the risks you take parking on the street, i certainly wouldn't be parking there if my car was new and / or valuable.
don't offer anything, it could be seen as an admission of guilt, when you are not guilty of anything.
Is it actually your tree or on the nature strip?
Unless you were on the other end of the branch with a chainsaw in hand when it fell, I wouldn’t be paying a cent.
You park under a tree in a public area, thats the risk you run.
i had some trees lopped recently, the dude who did it said if a branch falls from your tree onto anyone/thing you are not liable
the only exception is a fence, and that's because its always automatically 50/50 (unless a court of law decides otherwise?)
also, car owner knew the risk of parking under a tree and parked there anyway
I park on the nature strip where there is a tree/under the tree. Now I know legally that nature strip, and therefore the tree isn't mine. If it falls and smashes my car, is the council legally responsible?
It’s illegal to park on the nature strip, so don’t think you would even be covered by insurance, let alone the council.
oh is it? then my entire street is commiting a crime haha
You are not allowed to park, stop or leave your vehicle:
on a footpath, nature strip or reservation (unless the vehicle is a motorcycle or bicycle)
How the hell do people get their licences these days?
It's up to your local council to enforce so it's unlikely anything will get done unless residents complain.
@[Deactivated]: In Vic, the book you are encouraged to read and study prior to getting your L's, definitely covers it.
@MS Paint: in Tas, i don't recall my book ever mentioning it, but then again, it mentions indicating is mandatory, even if you are going straight through a roundabout, and i can count on one hand the amount of people that i've actually seen do that.
@[Deactivated]: Just checked.
Page 151 of the VicRoads "road to solo driving" booklet.
There is no excuse for anyone with a license in Victoria not knowing this other than utter laziness.
@MS Paint: Literally almost everyone does it, to the point where I think it's almost impossible to enforce
@[Deactivated]: … and one day a council parking inspector with a quota to fill will stumble upon your street and think he's struck gold….
One of our neighbours parks out the front of our home on the street, and a branch fell onto her car, chipping her windscreen.
If they are parked on the street and the tree is on your property it would have to be a pretty big tree to drop a branch that distance.
A branch dropped that distance from a large tree would do more than just chip a windscreen.
My guess is that the tree is not on your property and therefore is not yours.
Either way, branches dropping from a tree are usually not your responsibility.
with out knowing anything definite nor seeking further information from OP - I'm gonna jump to conclusions and say you're guilty.
My sister was parked in her own driveway when the neighbour's tree dropped a branch on her car in a storm. Her car insurance covered it - deemed no-fault so it didn't affect her premium but she did have to pay an excess. I guess it depends on your neighbour's insurance whether she'll have to pay or not.
deemed no-fault so it didn't affect her premium but she did have to pay an excess.
Deemed "no-fault", but it's still a non-recoverable incident that, from the insurer's perspective, she is still 'at-fault'.
When she changes insurer, she will have to declare that she has made an at-fault claim and her insurance will go up.
Absolutely, but this was over ten years ago.Not sure when/ if she changed insurer.
Why do people ask legal questions on Ozbargain?
Because OzLawQuestions doesn’t exist?
Thanks for all the insights from all, really helpful. The neighbour wasn't causing a fuss, and their car isn't exactly brand new (the excess would cost more than the car, maybe?!), I was just curious about what I should do, and everyone was really helpful so thank you.
I guess I was trying to establish what I should do if she popped in and said "hey the windscreen cost $200 to fix can you pay half". I know it's not exactly the OzB way, but I'd likely be ok with it, to keep the peace, and have the positive karma :)
Fwiw, the tree is definitely on our property, not old or known to drop branches, but it has been quite windy. Parking on our street can be challenging (steep driveways) but, other posters are right, she was aware of the risks, as during wind there are heaps of leaves etc around, and the area in general is quite leafy, lots of trees.
Thanks all, and apologies for asking legal advice here. On the plus side, my questions were all answered. OzB forum is really the best, I must say!!
If the tree is in your yard then you are technically responsible, unless the council has sent you a letter saying you cannot prune it and if they have then you may then defer the responsibility to the council.
Never offer to pay for anything as it may nullify any insurance you have. Ring up your house insurance company and ask them what you should do.