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12 replies to this topic | 40 praises

#1

Posted 05 January 2019 - 10:44 PM

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The National Parks Board (NParks) says it has a public liability insurance policy which covers its legal liability for personal injury, loss or damage to property following a fallen tree incident.
 
But it will consider each case only on its merit.
 
"Every case has to be assessed based on its own facts. In assessing liability, NParks' insurers will carefully consider all the facts and circumstances of the case, including inspection and maintenance records, the weather report, and NParks' or external experts' findings on the cause of the incident," a spokesman said in response to queries from The Straits Times.
 
"Each case involving trees will have to be assessed on its own merit," added the spokesman.
 
NParks, which manages about two million trees lining the streets, in parks and on state land, declined to comment on any specific case.
 
In 2017, two car owners managed to recover more than $12,000 in repair costs to their vehicles damaged by a falling tree branch.
 
NParks' insurer, First Capital, paid the amount without admitting liability.
 
STAY PUT AND REPORT IMMEDIATELY
It is important not to remove your car from the incident site. You should report the incident immediately to the police or agency that is responsible for the tree and wait for someone to come and inspect it. If the incident happens at a private property, you should alert the management of the property.
 
MR HENRY KHOO, 38, manager of car workshop Poon Poong Motors, who has handled six cases of fallen tree claims.
 
In the incident on May 27, 2017, a tree branch snapped and landed on the roof of a white Toyota Estima and a silver Kia Rio, both of which were parked in Turf Club Road.
 
The windscreens and roofs of the two cars were badly damaged.
 
Mr Henry Khoo, 38, manager of car workshop Poon Poong Motors, rushed to the scene after a client, one of the car owners, alerted him to the incident.
 
He called the police, who in turn alerted NParks.
 
"It is important not to remove your car from the incident site. You should report the incident immediately to the police or agency that is responsible for the tree and wait for someone to come and inspect it," said Mr Khoo, who has handled six cases of fallen tree claims.
 
"If the incident happens at a private property, you should alert the management of the property," he added.
 
Mr Khoo, whose workshop repaired the two damaged cars, spent the following six months trying to recover the costs from NParks on behalf of the owners.
 
ST understands that Mr Khoo's claims were initially dismissed.
 
A loss adjuster appointed by First Capital said the fallen tree branch was found to be alive and healthy.
 
"The snapping of the tree branch was most likely due to strong wind conditions over the days before and on the day of the incident," said the loss adjuster, adding that the unfavourable weather condition was beyond the reasonable control of NParks.
 
But Mr Khoo stood his ground, maintaining that his own investigation found the affected tree to be infested with termites. He had videos and photographs taken on the day of the incident as proof.
 
The owners were eventually fully reimbursed for the more than $12,000 in repair costs for the two cars through the workshop.
 
Lawyer Chia Boon Teck of Chia Wong LLP said: "In most cases, fallen trees would be covered by motor insurance as an Act of God so the motorist may claim insurance. Alternatively, the motorist may make a claim against the tree owner, whether NParks or the town council, but it will not be easy to prove their negligence."
 
Mr Chia said: "Our citizens trust our government agencies to conduct themselves honestly and fairly. Most times we have to take their words at face value because we don't have the resources to prove them wrong. This trust is sacred and must never be abused."
 
In an earlier incident in 2013, car owner Victor Yew managed to recover 75 per cent of his repair costs of some $2,800.
 
The 52-year-old businessman was driving his Volkswagen Golf R along Somerset Road in heavy rain when a tree branch fell and hit the car's windscreen and bonnet in front of TripleOne Somerset.
 
Mr Yew took photos of the 1m tree branch and made a police report on the same day.
 
"I called NParks the next day and met its officers at the incident site. I wasn't told what caused the tree branch to fall, but I was compensated out of goodwill within three months," said Mr Yew.
 
On Dec 20 last year, two trees fell at Sembawang Park, injuring 14 people. While investigations are still ongoing, NParks said in a statement a day after the incident that the uprooted trees, which were last inspected in May last year, were found to be healthy.
 
About 400 cases of fallen trees were recorded last year, up from the 361 reported a year earlier. There were 800 cases recorded in 2016.

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#2

Posted 06 January 2019 - 08:07 AM

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Trees are nice,

But they should not be planted less than 100m away from roads.

That means no stupid watering or pruning in the expressways fastest lanes, causing slow down and accidents.


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#3

Posted 06 January 2019 - 09:27 AM

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Trees are nice,

But they should not be planted less than 100m away from roads.

That means no stupid watering or pruning in the expressways fastest lanes, causing slow down and accidents.

 

If that were the case then there will be very few trees in Singapore



The gene pool could use a bit of Clorox at times

#4

Posted 06 January 2019 - 09:58 AM

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Trees are nice,
But they should not be planted less than 100m away from roads.
That means no stupid watering or pruning in the expressways fastest lanes, causing slow down and accidents.

Not the fault of trees and n Park.

Is the insurance industry in whole at fault. Insurance should pay out without question ask.

What "alive and healthy"! Absurd stupid reasoning!

#5

Posted 06 January 2019 - 10:14 AM

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Trees are nice,
But they should not be planted less than 100m away from roads.
That means no stupid watering or pruning in the expressways fastest lanes, causing slow down and accidents.

Agree. all the roads are filled with trees. Really stupid.

#6

Posted 06 January 2019 - 10:17 AM

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Not the fault of trees and n Park.

Is the insurance industry in whole at fault. Insurance should pay out without question ask.

What "alive and healthy"! Absurd stupid reasoning!

You have to be fair, if everything also cover, insurers won't want to offer the insurance liao.

Reminds me of a line from a certain pink shirt fellow about admitting their mistakes and taking responsibility. Seems like his message didn't go down the chain to the rest of govt?
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#7

Posted 06 January 2019 - 10:46 AM

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You have to be fair, if everything also cover, insurers won't want to offer the insurance liao.

Reminds me of a line from a certain pink shirt fellow about admitting their mistakes and taking responsibility. Seems like his message didn't go down the chain to the rest of govt?

Disagreed on the insurance part.

They are there for a reason. To pool risk management. If n Park is paying premium to insured against trees than it should be payout as long as those trees caused damages to property. On the other hand if accident caused damages to N Park trees we are liable to (insurance)compensate them as well.

Edited by Kopites, 06 January 2019 - 10:47 AM.


#8

Posted 06 January 2019 - 10:53 AM

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Lawyer Chia Boon Teck of Chia Wong LLP said: "In most cases, fallen trees would be covered by motor insurance as an Act of God so the motorist may claim insurance. Alternatively, the motorist may make a claim against the tree owner, whether NParks or the town council, but it will not be easy to prove their negligence."

 

If you don't want to claim against your motor insurance that covers it, then you make your choice to try the harder way to get money from someone else. Your choice.


He who hesitates is lost!

#9

Posted 06 January 2019 - 11:45 AM

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I agree woth the lawyer chia... my oc car (bought 2nd hand at 9.5yrs) was summoned for modified exhaust which I refused to pay as we had the LTA pass cert at 9yrs

After 6 months of email, calls and a visit to LTA (car also scrapped liao), I found out the reason why failed was because the previous inspection pictures was not clear so they could not tally the serial number when inspecting my oc car... But there was no conclusive evidence that it is not the same exhaust

It was a long , arduous and troublesome process and you need to know how to lead these people to reveal what you need to know
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#10

Posted 06 January 2019 - 11:59 AM

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Disagreed on the insurance part.

They are there for a reason. To pool risk management. If n Park is paying premium to insured against trees than it should be payout as long as those trees caused damages to property. On the other hand if accident caused damages to N Park trees we are liable to (insurance)compensate them as well.

Insurance got tnc, do you know whether it cover all damages, or only if tree is unhealthy/rotting? Even normal car insurance, not all will cover act of god such as flooding. If insurance doesn't cover, it doesn't make sense for them to have to pay.

#11

Posted 06 January 2019 - 01:07 PM

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Regardless Nparks got public liability cover, it’s Npark responsibility to compensate victim of fallen tree.

Similar to all owners of landed property, it’s owner responsibility to compensate victim of fallen tree.

The only diff is out of whose pocket

#12

Posted 06 January 2019 - 02:07 PM

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PL policy pays when insured is proven or deemed negligent ......... and insurer always pays ‘on goodwill’. Otherwise, claim own insurance if policy covers.
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#13

Posted 11 January 2019 - 08:52 AM

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Reminds me of a line from a certain pink shirt fellow about admitting their mistakes and taking responsibility. Seems like his message didn't go down the chain to the rest of govt?

 

You think that pink-shirted fellow believed his own words in the first place?




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