Tree branch fell on my commodore! Shire wont pay!

[tysons_2001]

A few weeks back a tree branch fell on my commodore while parked in the street.
The branch was overhanging the road and it fell on the boot and roof of my car and it extended right accross the street.
I've been told i should be covered because the shire isnt allowed to have any branches overhanging the street, but the shire sent me a letter after i put in a complaint saying they wont cover me because there is no other complaints about this tree being dead or unsafe.
Does anyone know if i should be covered or not?
I am going to keep trying.

[Bax]

Definately keep trying, have you rang insurance and explained the situation. What did they say.

If the tree wasn't dead or looking unsafe, i.e. if the tree didn't look like it was posing any danger. Then I wouldn't want to pay. (from the councils point of view)

[tysons_2001]

I dont have insurance.

[Super Snake]

Get in contact with A Current Affairs. They love stuff like that.

[AussieHolden]

Yeah contact ACA and your local paper. Also did you take a picture of this when it happened.

[pro_gmh]

Put a baby seat in the back seat and say there was a child in there earlier that day and tell them to think what could of happened if the baby was still in there

just a suggestion ??

[Bec]

I'd say the car owner would get arrested if the baby was still in the car

And yes, contact ACA. If they say no, consider it free legal advice (ie if they don't think you'll get paid out, you probably wouldn't have had a chance anyway).

[TheForgotten]

hey mate, what state are you in? different states have different legislation in regards to events like this and a family friend of mine is the manager of infrastructure of my local council (in english, he takes care of things like trees overhanging) and if you're in qld then i'll see what he says about it

[Frd_thmsn]

If it's a Queensland rural council I wouldn't hold out much hope.
Ours leaves rocks on the gravel road after grading , that are about 4 inches in diameter, one was shot out from a passing car at my car and left a massive dent in the door. I basically got the same response that you did from
my council. " We don't have standards for the roads".
In my opinion councils are money wasting scum who get money for rates for something that they don't own , that is the land , and use that money poorly.
Instead of fixing the basic community needs first such as water, roads etc , they seem to spend an awful amount on luxuries for themselves, the councilors and car upgrades etc.

Down off my soapbox now

[Pretender]

Go to the Council Chambers and ask to be shown the bylaws regarding your situation, get a copy (if there are bylaws) and seek legal advice.
Every Council operates under it's own structure and most have specific Bylaws (though they are usually pretty much the same everywhere).
You could mention their "Duty of Care" to Ratepayers in relation to checking trees for damage (rather than Ratepayers or the general public informing the Council as your letter states) and ask for the schedule showing when the offending tree was last inspected by the Council. Of course they won't have one.
Certain types of trees do drop branches quite often without warning or without visible signs of damage. That would be an interesting topic for ACA if the Council has one of these types of trees lining their streets.
Don't make up a story but bear in mind it could have fallen at a different time and injured a person entering or exiting their car and the Council would act very differently if that were the situation.
Take a written claim for the cost of repairs with you.
This is a large can of worms for the Council if it becomes a media story.
If the Council won't accept the claim inform them that you will seek legal advice.

Worth a try. I had my fence repaired for free when initially I was seeking only half the cost to replace the fence. Yes a falling branch hit the fence.
Council informed me that if I chose to live next to a laneway, leading to a Council Park, I was solely responsible for the fence and no claim could be lodged even though the tree was on Council property. No Bylaw to back it up so they decided to fix it when I suggested legal advice.

[Tasmaniak]

if all else fails, try your ombudsman before ACA

[tysons_2001]

I'm in vic. I am going to write a letter to the counsil and call them everyday until they do something.
Anyone else been in the same situation?

[Charg'd]

where in are you?

[tysons_2001]

I live in cohuna, near echuca.

[theburna]

A starting point would be the local press.
Then start pressuring the council via a small debts summons at the local court.
I did this one a few years ago and the council disregarded it and failed to attend.
I then had them found against as a no show and threatened to get the sherrif to collect assets to the value of the $12000 they owed, they paid me plus costs.
Talk to a community lawyer who acts pro bono and get them to help you.
Its a campaign to get money back from councils but go the sympathy and tell em you can't transport nanna or other stuff.
Of course if you have a reputation as a local hoon and all round ********, forget it.

[theburna]

oops $1200