Accidents & Damage

A branch fell from my neighbour's tree onto my car — can I claim against them?

Illustration for: A branch fell from my neighbour's tree onto my car — can I claim against them?
Short answerPossibly, but your neighbour is not automatically responsible just because the branch came from their tree. A successful claim against them may depend on evidence that they were negligent, for example by ignoring an obvious hazard.

What should you do?

  • Take photographs of the branch, tree and vehicle.
  • Keep any earlier messages or evidence about concerns over the tree.
  • If you have comprehensive insurance, ask your insurer about claiming under your own policy.
  • Avoid accusations before the cause and condition of the tree are known.

What can make a difference?

The result can depend on your level of cover, exclusions, excess, information given when the policy was arranged or renewed, who was driving, and the precise circumstances. Two policies both described as “comprehensive” can still contain different terms.

Storm damage from an apparently healthy tree may not make the tree owner legally liable.

Liability is not automatic

The fact that the branch came from your neighbour’s tree does not by itself make them responsible. Liability can depend on the condition of the tree, whether there were signs of danger, and what the owner knew or reasonably should have known.

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