How many of your can complete a Rubix Cube?
In a tree root subsidence claim there are so many competing interest which are often working against one another that it can feel like trying to solve a Rubix cube. Straighten a few things out and on the other side of the cube other things misalign, It can be a very tricky puzzle to complete
🟢 The Tree – Whilst the tree might be the cause of the damage, the importance of working where possible to keep the tree due to climate issues & sustainability
🔘- Customer – The home owner customer is the one living through the subsidence claim which will be an incredibly stressful life experience. They are entitled to a quick resolution and a permanent repair solution so that they don’t face living through a further claim
🔴Time – Subsidence claims are notoriously loooooooong. Why is that? The damage happens over time and evidence gathering to prove the cause also has to be taken over time, e.g., monitoring of a property to show the characteristic seasonal movement
🟡Cost – Subsidence claims can be expensive, partly due to time, due to the expensive evidence requirements and due to the cost of repair solutions where damage is severe. As well as financial cost, there are also emotional costs for not only the family living though the claim but others in the area who might be involved due to a commitment to the tree
🟠Future – Any insurance peril linked so closely to the environment has to have an eye on the future. Climate is changing, subsidence patterns are moving and new solutions allowing for retention of as many trees as possible have to be found
🔵Law – The law sets the way in which these claims can be dealt with, from the law of contract and insurance to the law of nuisance and negligence governing mitigation and recovery. In terms of recovery cases, we rely on past Court decisions to set the tone for what the Court will allow in terms of recovering money damages from a tree owner. Will that tone change due to environmental pressures?
If you are faced with having to solve the Subsidence cube puzzle and want some guidance then get in touch for a chat
Here at Tree Law we are speed-cubers so can help you align the competition interest and bring things to a quicker conclusion
