Hit by falling branches while riding and caused accident

[gnayed]

Hi all,

What can I do if someone crashed due to a big falling tree branch while riding?

 

Situation goes:

Riding within speed limit around 60~70km/h on a 70km/h limit road. A relatively big branch fell and landed right on the rider's head, causing impact to the head and caused rider's body to fall from motorcycle and backwards.

 

Motorcycle continues to roll forward and comes to a stop after crashing into kerb. Helmet smashed and cracked, inflicted multiple abrasions on body, cut on face, laptop in bag smashed, motorcycle estimated to repair for few thousand dollars of damages. > 10 days of MC given.

 

Traffic police determined no offence and no charges will be dealt against the rider. In this case, will the rider be able to claim against anyone, any government body like NParks? LTA? Or demand compensation from anyone?

 

The rider is not under 1st party coverage, so he cannot claim against his own insurance coverer. I was thinking in this scenario that the police has already determined this is not the rider's fault, and if NParks can claim us in event of damaging their trees, I believe we can also make claims from them for accidents due to falling trees? Please help!

 

I'm not the rider btw.

[chuan.z]

Tough luck. Fat chance claiming from NParks/NEA/LTA.

If rider have Personal Accident insurance, maybe can try that. Depending on classification, might be considered Acts of God, then suck thumb liao.

[gnayed]

Tough luck. Fat chance claiming from NParks/NEA/LTA.

If rider have Personal Accident insurance, maybe can try that. Depending on classification, might be considered Acts of God, then suck thumb liao.

 

Well I thought it would be kinda tough luck too, but has anyone really tried claiming against government bodies with regards to such scenarios? To the extent of legal pursuit?

[bernardk]

Yes you can mail to NEA or Nparks. Try to make a big fuss. Cos if its not caused by lightning that means the branch is old and they should have taken care of the three by cutting branches or wat. But im not too sure la you should write a letter and see wat they say lor. Hopefully they can come out with something? Cos its not self inflaked or under natural disaster. Hmmmmmmm rare case but you can seek their edvise or wat.

 

Your letter should sound nice but angry and not offensive. tough rite hohoho good luck and sorry for the lost.

[antartica]

wow... that is sure ars* luck man...

hope the rider can get something out of it

if calling NEA / NParks / LTA / TP fails

could always try calling the New Paper hotline...

[dragonforce]

touch luck. not to pour cold water, but i am quite sure cannot get anything at the end of the day. reason? they can say its act of god. this is a super powerful excuse. even our phone warranty claims terms and condition have this clause.

[szeguan]

This falls under Force Majeure. You have to check your insurance cert. It will state if items like this which is classified under Acts of God / Nature etc is covered or not.

[VidaK]

I think they would say that its simply your fault for not having first party insurance...

[dinie]

well the TS can always try.. i believe if NEA rejects his claim, then he should proceed to other forms of authority. what if the branch hit the rider and the rider died from it? there wasn't any lightning around at that time so it can only show that the branch was improperly trimmed or of old age. if you know how to prove your point in the right channel, you will have your way.

[aRcHeR]

can try claiming against NParks. plants and trees are under their jurisdiction, and if the trees/plants are not properly taken care of, and it's happened under normal weather conditions, chances of a successful claim to NParks is pretty high.

 

some homework need to be done prior to lodging a claim against government bodies/statutory boards.

 

definition of "act of god":

 

Act of God is a legal term for events outside of human control, such as sudden flood or other natural disaster, for which no one can be held responsible. This does not protect those who put others in danger of acts of nature through negligence, such as an adult who instructs a group of children to stand under a tree to escape a Lightning storm.

[DeusExMachina]

Try sliding in a snide remarks or insult and make it public.

 

Something in the order of:

 

"If I hit your phucking tree, I have to pay for it. Now your CCB tree hit me... you better pay for it ah KNN!"

 

 

But of course, put it in a civil and officious way hor....

[Team_Commander]

Try sliding in a snide remarks or insult and make it public.

 

Something in the order of:

 

"If I hit your phucking tree, I have to pay for it. Now your CCB tree hit me... you better pay for it ah KNN!"

 

 

But of course, put it in a civil and officious way hor....

 

lol:angel:

[Team_Commander]

send email... if no response stomp and put on paper also.

[MonoWorld]

Try sliding in a snide remarks or insult and make it public.

 

Something in the order of:

 

"If I hit your phucking tree, I have to pay for it. Now your CCB tree hit me... you better pay for it ah KNN!"

 

 

But of course, put it in a civil and officious way hor....

Nice! lol.. see how the govt reacts

[KeraKing]

go ask bike lawyer if can do?

i dat time riding then wooden signboard fell onto my head..

then i go hospital n make police report..

then go engage bike lawyer, they say it's gona take quite long.. haha

now wait long long lah..

[apekyano]

actuali im dealing wif a similar scenario now..

abt a month ago i hit this depression on the road infront of robinson centrepoint..

somewhere at the 1st land beside the construction site..

bcoz of that i skidded...

the damages are pretty bad lah..

i called up lta and they went to check..

then they sae they will patch up the depression..

but they still not sure wad caused it..

but they told me if i wanna claim..

i have to write in to them..

then they will refer my case to PUB..

so now im just trying lah..

if got luck den good..

no luck no choice lah..

[xyoshiki]

actuali im dealing wif a similar scenario now..

abt a month ago i hit this depression on the road infront of robinson centrepoint..

somewhere at the 1st land beside the construction site..

bcoz of that i skidded...

the damages are pretty bad lah..

i called up lta and they went to check..

then they sae they will patch up the depression..

but they still not sure wad caused it..

but they told me if i wanna claim..

i have to write in to them..

then they will refer my case to PUB..

so now im just trying lah..

if got luck den good..

no luck no choice lah..

 

Think your case harder when compared with the branch falling from a tree. Coz it is not unexpected for road depression unless the road depression ridiculously deep bah.

For branches.......more unexpected bah.

 

I actually buang before due to road depression.

[contrarian]

actuali im dealing wif a similar scenario now..

abt a month ago i hit this depression on the road infront of robinson centrepoint..

somewhere at the 1st land beside the construction site..

bcoz of that i skidded...

the damages are pretty bad lah..

i called up lta and they went to check..

then they sae they will patch up the depression..

but they still not sure wad caused it..

but they told me if i wanna claim..

i have to write in to them..

then they will refer my case to PUB..

so now im just trying lah..

if got luck den good..

no luck no choice lah..

 

I reckon you might have a better case than the falling branch.