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Post Info TOPIC: Tree fell on vehicle and damaged it.
Anonymous

Date:
Tree fell on vehicle and damaged it.
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Good day,

Kindly note that on the 22 August 2017, it was extremely windy. My car was parked as usual in the work premises. So in the afternoon the wind got heavily, so the tree fell on it and seriously damaged it. The work premises are surrounded by trees all round, there's no way you can park away from them. 

My boss was around when the incident occurred, so she wrote a report and we claimed to the work insurance as I don't have my own, for the public liability, but the insurance declined the claim, and now nothing is being said regarding fixing my car. The quotation charge is R14 000.

I believe that the employer is responsible for paying for my vehicle repairs as I was in the office working during the incident, and two weeks later another tree fell in the premises but fortunately no one got involved and nothing got damaged.

May you please advise on how to deal with this problem as I don't have money to pay and if we were getting paid bonuses, it would be better.

 

Thank you,

 

 

 



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Labour Protect

Date:
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Good day 

If the employer had offered to pay for the damage and signed an agreement but failed to do so it would be seen as a labour matter. Unfortunately this is a civil claim, you as an employee must sue your employer delictually for the damage to your car. An attorney will be needed as most parking grounds have signs which indemnify the owners of the parking area. 

You should seek an attorney who specializes in civil claims such as RAF/personal injury claims/ car accident claims. The attorneys will charge their fees some attorneys may work on a contingency basis if you have a strong claim. 

Feel free to use our website to locate a firm of attorneys near you.

Regards 

LP



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