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Topic
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I imagine this has come up before so apologies if rehashing old thread. During recent storms a large branch came down from a neighbour’s gum tree that totaled 1 car, possibly 2 cars and damaged the bonnet of 3rd. Two of the cars do not have comprehensive insurance and 3rd party does not cover this.
According to the strata manager the strata’s insurance does not cover the damage to cars. If this is correct what other recourse do the car owners have?
Thanks
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If it is a neighbour’s tree, perhaps you should be talking to them?
Perhaps you can claim against your own car insurance or get advice from them. I am sure they would be happy to push your claim off to some other insurer but they might also be able to state more confidently whether the strata insurance should cover it, as they are in the same business.
I think our strata insurance paid for damage to a parked car from a falling branch on common property. At the time I was surprised at the claim and payout because the damage was so minor. If it had been my car I would not have bothered or perhaps even noticed the tiny dint.
@James79 said:
Their insurance does not cover the damage according to the strata manager (who also happens to be our strata manager).All that means is that they don’t have cover – not that they are not liable.
If a claim against the car insurance doesn’t fly, or if the excess is excessive, you can always make a claim through a civil action. Whether or not they are insured is no concern of yours. And, by the way, this is not a strata issue.
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This would normally be a claim against the other party’s Public Liablity Insurance, not building insurance. I find it hard to believe such incidents are not covered by this.
Perhaps either the car owners’ insurance companies could claim on your behalf (even if they only have TPP coverage) or the legal section of the NRMA might help out (if they are members).
I am not at all sure about the following since our strata insurer did pay up for what I thought was trivial damage from a small falling branch from an ordinary tree. However, I would have thought that the logic would go like this:
1) Was the thing that was damaged something that was insured against insurable events? I’d say no. The strata buildings and associated structures and landscaping should be covered by the strata insurance for damage caused by insurable events such as impact from things (falling branches, lightening strikes, meteors etc). Somebody’s car is not part of the insured strata property.
2) Would it be covered by the strata insurance public liability component? I’d say maybe. Liability insurance doesn’t pay out for every unfortunate occurrence. First you have to be found liable. If somebody falls down the stairs because they were simply clumsy, that is unfortunate but not the strata’s fault. However, if somebody falls down the stairs because the carpet was worn and loose and created a hazard that the OC should have repaired, then the OC might be found liable for the injury, and the liability insurance would prevent the OC becoming bankrupt.
So, if the tree was in poor condition and in decline and particularly if an arborist had already advised that the tree should be pruned or removed, then the OC might be liable, and the liability insurance component might pay.
If it was just an ordinary tree and there was no reason to suspect that it presented any more risk than any other ordinary tree, then I would suggest that the OC is not liable if someone parks under it. It’s just bad luck that a branch fell on the car. That a branch fell and did some damage is not the OC’s fault so liability insurance would not cover it.
@James79 said:
Apologies for that…my bad.
Apologies not required. I just wanted to make the point that not everything that happens in a strata scheme is a strata issue. My apologies for clumsy wording.
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@Sir Humphrey said:
If it was just an ordinary tree and there was no reason to suspect that it presented any more risk than any other ordinary tree, then I would suggest that the OC is not liable if someone parks under it. It’s just bad luck that a branch fell on the car. That a branch fell and did some damage is not the OC’s fault so liability insurance would not cover it.This is my understanding also. Unless it could be shown that the tree was in a dangerous or unhealthy state, falling branches and even falling trees due to a storm are classed as an “Act of God” or a “natural causes” type of event.
The tree owner would be unlikely to be liable.
Insurance cover in such cases usually becomes the responsibility of the owner of the damaged property. So each strata in this case should be covered by their own building insurance for any damage done to their own common property or to their own lot owners’ fixtures and fittings. Unfortunately a car is not common property or a lot fixture or fitting.
Hi,
Provided there is evidence the over hanging tree branch damaged the vehicles on the common area of the property.
Take images of the tree, branch damage and include a statement claim along with quote for repair damage .
Those vehicles which are insured leave that issue with them but provide them with information about the event
Those that are not, I would suggest the seek legal advise & submit a civil calm to the neighbour.
It is important to act on these matter asap.
Good Luck
Digby