Tree limb vs camper trailer

Submitted: Friday, Jan 24, 2020 at 19:26
ThreadID: 139588 Views:10675 Replies:13 FollowUps:14
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Hello all,

Seeking some advice after a gum tree dropped a limb onto our camper this morning (and nearly killed us).

The camper/tent is toast, the trailer is all OK. The manufacturer no longer exists and I will be dealing with the park's insurer for rectification.

Has anyone ever had to replace the whole tent top off their camper? If so how did you go about it?

It is a Customline - so heavy 15oz canvas and was in excellent condition as I looked after it and stored it undercover.

Any advice would be greatly appreciated.
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Reply By: Member - Dublediff - Friday, Jan 24, 2020 at 20:15

Friday, Jan 24, 2020 at 20:15
Shouldn,t be too hard to replace the bent poles. Can't imagine any joy out of the parks insurance.
AnswerID: 629686

Follow Up By: Gary T7 - Saturday, Jan 25, 2020 at 00:06

Saturday, Jan 25, 2020 at 00:06
Insurance company's usually class this as a act of god. Their escape route.
good luck .
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Follow Up By: OzzieCruiser - Saturday, Jan 25, 2020 at 11:28

Saturday, Jan 25, 2020 at 11:28
Exactly - a tree limb fell on my car in a government car park. I claimed on my car insurance and then tried to recover my lost excess but the decision was that it was an act of God therefore no obligation.

This was despite documented evidence that tree trimming had been on the work list to do in the area but due to complaints by the local greenies that the area was a bird habitat work was cancelled. Soon after I lodged my claim to get my excess back the trees were trimmed.
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Follow Up By: Kenell - Saturday, Jan 25, 2020 at 12:03

Saturday, Jan 25, 2020 at 12:03
Falling trees are a real minefield. In your circumstances the loss of xs doesn't warrant testing the legal position ie issuing a writ and fighting it in court. The history you refer to might well have been relevant but not necessarily. Was the tree dangerous ie showing signs of rot or pest infestation that the responsible party knew or should have known about? Was this the reason for the impending maintenance?
In the case in point I believe the owner of a caravan park has an added responsibility because he is charging a fee and generally telling people where they can erect their campers etc. Is he responsible if storms or winds attack an otherwise healthy tree? Maybe . Were the storms predicted? Did he have time to inform his guests or advise them of the impending danger? Or did a healthy looking tree that was inspected in accordance with a regular arborist's check just choose that moment to eject a limb?
Insurance companies are not falling over themselves to insure caravan parks. There are lots of precedents involving deaths and serious injuries from falling trees. Its hard to adopt the Act of God position when the coroner doesn't believe it was God's fault.
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Follow Up By: Michael H9 - Saturday, Jan 25, 2020 at 12:40

Saturday, Jan 25, 2020 at 12:40
Where do you stand if you're an atheist? Is it an act of someone else's figment of their imagination? I'd like to see a sane explanation of that excuse.
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Follow Up By: eaglefree - Saturday, Jan 25, 2020 at 13:36

Saturday, Jan 25, 2020 at 13:36
Michael H9, I'm an athiest, to me it would be an act of little green goblins at the bottom of my garden...

On a serious note : I left our camper at a welders premises. It was flat bedded there (broken A frame) and left in the rear yard surrounded by 1800mm high wire fencing.

Thieves got into it and caused damage. I thought the welding premises insurance would cover it but no, was told it was my insurance that was to cover it...and I had to pay the excess.

I hope it all goes well for you. We parked under tall trees in Cuhuna and realised the next day of the risk, easy to do.
Tony
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Follow Up By: Member - Vince M (NSW) - Sunday, Jan 26, 2020 at 13:09

Sunday, Jan 26, 2020 at 13:09
eaglefree
It’s the same if the business your car, boat, caravan, etc. burns down you can only claim if that business is negligent, You have to prove negligence. there's a lot of people in this situation wright now (due to bush fires) as an owner of a business that has been burnt (2001 bush fires) all the customers who's items burnt had to claim on their own insurance & those who had no insurance ! We have always pointed this out & it’s clear on the document you sign when leaving the item with us, & unlike others OURS IS IN BOLD LARGE PRINT & again this year due to the bush fires we have had & are having some nervous days
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Follow Up By: Bazooka - Sunday, Jan 26, 2020 at 23:09

Sunday, Jan 26, 2020 at 23:09
Simple solution. Do as Billy Connolly did and SUE GOD. If you haven't seen the movie yet (nearly two decades on), then as Molly kept telling us : "do yourself a favour". It's an Aussie gem.

Sorry to hear about your accident Andrew. You were unlucky and conversely incredibly lucky looking at those pics. Didn't give widow-makers much thought in my youth but in recent years I've become very aware of where I put my swag (tent when accompanied). Shade is soooo tempting in summer. Usually the swag is adjacent to the truck but sometimes that ain't possible.
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Reply By: Andrew G20 - Friday, Jan 24, 2020 at 20:29

Friday, Jan 24, 2020 at 20:29
Tent was torn in about six places and the internal, fixed spreaders were either bent or broken completely....we also lost two tables and three chairs. We then had to tear the main canvas through to be able to get out before old mate (manager) turned up with his chainsaw...
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Reply By: Ron A - Friday, Jan 24, 2020 at 20:54

Friday, Jan 24, 2020 at 20:54
Take the stress out of your misfortune and contact your insurance company.

They will deal with the repairs and replacement of anything that cannot be repaired and on top of all that they will deal with old mate that owns the park as well as his insurance company should they be at fault.

Depending on the cover you have they may even put you up for a few days whilst you are arranging to get your camper trailer home.
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Follow Up By: Hoyks - Saturday, Jan 25, 2020 at 09:56

Saturday, Jan 25, 2020 at 09:56
+1 on that, yes you might be up for an excess, but you pay your premiums for your insurance company to use their clout to get the $$ out of the other guy. As you can clearly identify the other party you may even get the excess back.

Everything is repairable, its just how much time and money they are willing to throw at it. A competent canvas repairer should be able to reverse engineer the tent and make up new poles by using the bent ones as a template, but it will be more than a few hours work to put it all together.

The other option is to get a whole new tent assembly to bolt onto the trailer, I know Austrack Campers do one that might be suitable, I'm sure other manufacturers do as well.
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Reply By: Bushranger1 - Friday, Jan 24, 2020 at 20:58

Friday, Jan 24, 2020 at 20:58
G'day Andrew,
Not sure what state you are in but we have bought quite a few things from Outback Campers in Carrum Downs Victoria, over the years & very happy dealing with them.
They do all sorts if canvas work in house for their Slideon campers & Camper Trailers. I know they do plenty of custom work too.
Cheers Stu.
AnswerID: 629689

Follow Up By: rumpig - Friday, Jan 24, 2020 at 22:26

Friday, Jan 24, 2020 at 22:26
Yes a location would help to give recommendations of who might be worth visiting for repairs....
Dal’s Canvas in Brisbane is who I’d use if around these parts, I used him for zipper repairs on our Kimberley Kamper and he didn’t need to remove the tent where others said it had to be done, and he was cheap also (I actually paid him more then he was trying to charge me)....he also does custom work for Lifestyle Campers.
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Follow Up By: GarryR - Saturday, Jan 25, 2020 at 05:47

Saturday, Jan 25, 2020 at 05:47
Southern Cross Canvas in Kilsyth , outer east Melbourne are a great mob. I have had many items made by them including the camper. If your in Melbourne area, give them a ring and they will help place you in the right direction.
location - Warragul -Victoria
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Reply By: Keith B2 - Saturday, Jan 25, 2020 at 06:55

Saturday, Jan 25, 2020 at 06:55
Andrew, Poles Apart can custom make poles and frames for you. If you are in Sydney Bell Canvas or Shade N Shelter can do the canvas work.
Keith
AnswerID: 629692

Reply By: Member - McLaren3030 - Saturday, Jan 25, 2020 at 08:05

Saturday, Jan 25, 2020 at 08:05
Hi Andrew,

So sorry for your misfortune, glad you are all ok. Sorry can’t help with suggestions with regard to repairs, however as others have stated, contact your insurance company (hopefully you are insured), you may be able to nominate you choice of repairer once you have decided.

Macca.
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Reply By: Michael ( Moss Vale NSW) - Saturday, Jan 25, 2020 at 10:13

Saturday, Jan 25, 2020 at 10:13
Hi Andrew,
I agree here with a few guys, If your camper is insured, just use your own insurance. If your insurance company can claim on another party, you usually will get your excess back eventually. Any other path is time consuming and more hassle. Michael
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AnswerID: 629696

Reply By: Kenell - Saturday, Jan 25, 2020 at 10:15

Saturday, Jan 25, 2020 at 10:15
Andrew,
I feel for you mate. Don't buy any more Tatts tickets - your good fortune has been tested to the extreme.
As others have suggested in my opinion, you are better off separating yourself from dealings with the park's insurer and deal with your own insurer. Your insurer has obligations to you that a third party insurer doesn't have. If you are not insured your claim is against the park owner - not his insurer unless the park has a specific cover for falling limbs. I have heard of such positions but I don't think it is common. They then seek indemnity from their liability insurer. You need to take care in drafting your claim if it gets to that. Also, as others have said, trees can be tricky when it comes to liability. There is quite a bit to it. Act of God is not specifically an insurance position. It is a common law defence - ie you can't be held liable for damage that was caused by things beyond your control ie storms etc. Don't assume that is the case automatically in your circumstances though - there is more to it.
Best case scenario - I would think your insurer would consider it an economically unrepairable proposition under the circumstances and pay you out the sum insured. If that was to occur, you could ask them if you could retain the salvage. They might be happy to negotiate that at a reasonable cost. Then you are at liberty to shop around for a canvas repairer to rebuild the tent with cash in your pocket. If they don't write it off the repair is up to them and the warranty afterwards is also their issue.
Good luck with it - hope it all works out for you.

Kenell
AnswerID: 629697

Reply By: Athol W1 - Saturday, Jan 25, 2020 at 10:21

Saturday, Jan 25, 2020 at 10:21
Hi Andrew.
Sorry to hear about your miss-fortune, what a way to be woken in the morning.

As others have suggested I would be going through your own insurance. They are more likely to get things done in a timely manner as they are looking for your next premium renewal. They are then also working for you to obtain all the costs involved from the guilty or responsible party.

Do not do, or organise, any repairs until you contact your insurer.

In most cases if the responsible party can be identified then any excess is either not paid, or is fully refunded when the costs are recovered.

Hope your day only gets better.
Regards
Athol
AnswerID: 629698

Reply By: Gbc.. - Saturday, Jan 25, 2020 at 11:10

Saturday, Jan 25, 2020 at 11:10
Close call. Glad all are ok. I assume there were no kids in there. That was my first though when I saw the pic.
Supapeg in Brisbane supply all the main camper builders and do custom poles.
AnswerID: 629701

Reply By: CSeaJay - Saturday, Jan 25, 2020 at 12:33

Saturday, Jan 25, 2020 at 12:33
+1 ( or is it +5 when counting the others in ) with going to your own insurance.

I for one believe we are accountable for our own actions - and that "act of God" is exactly that - something that cannot be foreseen and therefore not liable on the park.
Otherwise parks will simply cut off all trees (where's the shade then), and hike up their fees to cover their added insurance cost, or worse still stop camping altogether.
We always try to camp under the shade of a tree, knowingly, and with full knowledge that something might fall. It is our choice. It is no different if it is in my own backyard, out bush at a billabong, or in a council park.

CJ
AnswerID: 629703

Follow Up By: Member - rocco2010 - Saturday, Jan 25, 2020 at 12:53

Saturday, Jan 25, 2020 at 12:53
I have a vague memory of reading on another forum about a caravan park near Geraldton.

The trees were, I think, lemon scented gums which have a reputation as limb droppers. Probably should never have been planted in that windswept location in the first place

Anyway the whole lot were pruned back to trunks and bare limbs. Might have been better to have removed them entirely and planted something else.

Not a good look but I guess the risk managers were happy.

Hope the OP does Ok with his insurance. Cases like these often remind me of the old joke: What do you get when you buy insurance? A receipt.



Cheers
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Reply By: Andrew G20 - Saturday, Jan 25, 2020 at 14:13

Saturday, Jan 25, 2020 at 14:13
Hi All,

Thanks for the suggestions. We're in the ACT so we don't have a huge selection of canvas repairers here....

I'll know more once I speak to the park's insurer on Monday. The park managers indicated any loss would be covered (but I'm well aware they don't get to make that decision, the insurance company does). And once I know the cost to fix/replace the tent then I can make a call on which path to go down.

Having had a short conversation with my insurer I got the feeling they hadn't received many claims like mine - where the trailer was fine but the tent was stuffed. They did give me the option to cut the tent and dump it there and then but I decided that with a bit of manoeuvring of bent frames etc, getting it back on top and under the cover would at least allow a decent template to be available to replace the whole thing.

The other option is to get a payout and then buy another (second hand) Customline (because the camper had served us well and despite them no longer existing, they were good honest no frills campers).....
AnswerID: 629706

Follow Up By: Gramps - Saturday, Jan 25, 2020 at 18:13

Saturday, Jan 25, 2020 at 18:13
I'd pay very close attention to Kenell's responses if I were you. Seems very much on the money.

Regards
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Reply By: Member - pedro1 - Saturday, Jan 25, 2020 at 18:08

Saturday, Jan 25, 2020 at 18:08
There is some caravan insurers that won't cover you for tree limb dropping unless its caused by a storm
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Follow Up By: Kenell - Saturday, Jan 25, 2020 at 21:03

Saturday, Jan 25, 2020 at 21:03
CIL carry an exclusion (as do all the Suncorp underwritten products) that suggests "actions of trees" is excluded. This refers predominantly to sap, scratching, staining etc. The intention is not to exclude damages such as the case in point. I have this in writing. It is a particularly poorly worded exclusion but its intent is probably fair enough. Anyone who is concerned should seek the same written clarification that I did. There may be other policies out there that I am not familiar with that carry similar limitations. If policies actually mean to exclude damage from falling trees they are not worth the paper they are written on in my view and customers should tell the insurers so.
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Follow Up By: Member - pedro1 - Sunday, Jan 26, 2020 at 02:08

Sunday, Jan 26, 2020 at 02:08
Thanks Kenell, when I asked the question to CIL verbally their answer was what I stated. I am glad you got a different answer in writing . Typical large organization , no standard answer for there call centre staff.
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