Overhanging branches on road scratched my car - who pays repair

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pondswimmer
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Joined: Sun Sep 23, 2018 2:24 pm

Overhanging branches on road scratched my car - who pays repair

Post by pondswimmer »

So theres a road I sometimes use and at times it gets tight as people park on one side of the street. On the other side are trees and bushes which are part of someones front garden (there is no pavement to create space). I can see they are trimmed but there remains some small braches sticking out. This previously scratched my car alll along the passenger doors but I left it as it wasnt too noticeable. I am currently using a hire car and the same thing happened when travelling in the dark and I did not see the protruding branches. As this is a temp replacement car thru insurance the excess is £400 and I am worried the company will charge to repair the scratches. I have taken photographs of the branches in case needed for evidence but I am not sure if there is a claim to be made should the hire care company charge me. Would it be the owner of the property, the local council or am I responsible. Any help appreciated!
despair
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Re: Overhanging branches on road scratched my car - who pays repair

Post by despair »

Property owners are required to cut back and councils can issue notices for them do so but often that takes time ...i think they have a month to complete the work but often no one checks ....so seriously dont know you have much way fwd...others might know differentky
MacadamB53
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Re: Overhanging branches on road scratched my car - who pays repair

Post by MacadamB53 »

despair wrote: Tue Jan 12, 2021 2:05 pm Property owners are required to cut back and councils can issue notices for them do so but often that takes time ...i think they have a month to complete the work but often no one checks ....so seriously dont know you have much way fwd...others might know differentky
no, that’s not correct

it’s the councils who are required to keep highways clear - and one way they can get this done is requesting owners of hedges to cut their hedges (they have been given statutory power to make this happen if owners aren’t amenable).

if the council haven’t done anything to make sure the highway is clear the hedge owner is not compelled to do anything.
ukmicky
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Re: Overhanging branches on road scratched my car - who pays repair

Post by ukmicky »

Also a driver should be watching where they are driving even if it’s dark . I think we’ve all done it at some stage and caught a low branch or the side of a bush but that’s our fault for not looking or stopping to check if we can get through safely.
Any information provided is not legal advice and you are advised to gain a professional opinion
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