Just a quick question that I'm sure has been asked before, we have just had a branch of a large gumtree drop off an destroy our awning, door and other gear at a caravan park at Barham NSW. About $5000 worth of damage due to no fault of mine.
The owner of the park was very good in cleaning up the mess of the tree very very quickly and then proceeded to tell me that as it was an "Act of God" that caused the limb to drop and that it is my problem in regards to paying for the damage. My only concern is that they are quite ready to take money from you for the site without signing or sighting a disclaimer that bad luck if anything damages your van. So my no claim bonus and insurance policy will no doubt go up next year.
I don't think I could comment on the situation from the van park's perspective as I have no idea what sort of insurance (if any) they carry to cover situations in and around their park - to either their assets or the assets of their patrons.
Having said that, the first thing I would check is your own insurance policy.
Was the cause of the falling limb due to a storm - that is a 'weather event' with strong wind, heavy rain etc and considered by the weather bureau as a storm?
Check that your policy includes damage caused by a storm. Often, unfortunately, insurance companies do not consider strong winds or heavy rain, by themselves, as a storm. If so, it should be included in their explanations or exclusions within the policy document.
I believe that most insurance companies no longer refer to 'acts of god' in their exclusions.
If the damage was due to a storm causing the limb to fall on your van, then my advice would be to lodge a claim with your insurance company.
They will fix your van, and you can get on with your life.
[edit: if the damage was the result of a storm I would be fairly sure your insurer will not consider you 'at fault' and may not apply any increased premium next year and may consider you are still a 'no claim' customer.]
Rest assured your insurance company will pursue the van park's insurer (if they have one) and re-coup any cost your insurance incurred fixing your van.
You pay your insurance for just these circumstances. Your insurance company will institute any legal action against the van park, or the van park's insurer, to recover their cost of repairing your van.
If you think you can 'fight it' on your own to or through the van park and/or their insurer you will need to have a big bank balance and considerable patience.
Cheers - John
-- Edited by rockylizard on Tuesday 31st of January 2017 07:27:06 PM
__________________
2006 Discovery 3 TDV6 SE Auto - 2008 23ft Golden Eagle Hunter Some people feel the rain - the others just get wet - Bob Dylan
Liltacker, sorry to hear of the damage caused to you by a falling branch. Glad it missed your van proper. I watched a massive branch fall in front of me only the other week.
Good luck with the insurance.
Cheers, John.
__________________
"My mind is made up. Please don't confuse me with facts."
So my no claim bonus and insurance policy will no doubt go up next year.
IS THIS RIGHT?
No idea; until things are sorted after an initial claim by you to your insurance. Part of the value in having insurance is that they will sort it out. In this case, if your insurance can get the CP to pay up, they will be making best efforts to make that happen. Stress kills. I suggest you hand the situation over to insurance and let them handle it.
Iza
__________________
Iza
Semi-permanent state of being Recreationally Outraged as a defence against boredom during lockdown.
you guys all play too nice, Liltacker you have parted with a hard earned sum of money to a company to make sure that Your caravan gets fixed, regardless of whose fault. You pay them the money for them to worry about who is at fault and if another party should pay. Stick it straight to them, "my caravan is damaged, please fix it" NOW...then politely tell them the who how and why.... and get the van to the fixit man right away,
remember you are paying them so they worry about getting it fixed, regardless.
most caravan parks carry insurance, even outside of their public liability for this sort of thing - things like falling trees, clothing destroyed in a faulty washer/dryer and so on.
Obviously the Owner/Manager isn't going to accept liability - he will have a substantial excess if he makes a claim, so not in his interests to.
As the others have said, make a claim through your iinsurer - if they can get the $$$ from the other party or their insurance company you pay no excess and it doesn't affect your premiums next year etc
Signs up saying no liability for falling branches or trees mean nothing - just b/s. If the caravan park provides sites for paying customers, then they cant wriggle out of it by signs
And most C/P's have sites under trees - haven't seen that many that do not, especially in hotter areas
-- Edited by Bruce and Bev on Thursday 2nd of February 2017 12:12:57 AM
__________________
Cheers Bruce
The amazing things you see when nomading Australia
As Bruce says.
ANYBODY that accepts payment for a service, automatically (in 99 per, of cases)
Are responsible for any damages, BUT NOT INTERNAL LOSSES. while under their care
I think it goes. They guard,supply space for outside of.
You responsible for interior.
I d be hitting them but also notifying mine.
Act of God has not existed as a valid legal argument for decades. It is why every business large or small takes out public liability insurance.
Take lots of photos and let your insurer handle it.
They know the laws surrounding liability and if they deem the caravan park is liable they will get reimbursed from their insurer or will sue the park directly.
Nothing for you to worry about, let your insurer do their job, after all, that is what you pay them for.
