The authority will not pay out for additional costs, documentation copies, loss of time, photograph fees, or any other out of pocket expenses.

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1 Tree root damage online claim form Claims are not accepted via Audit and Risk Management Unit Insurance Team Salford City Council 1st Floor, Unity House Chorley Road, Swinton M27 5AW To whom it may concern, If you have home insurance that would cover this loss, we recommend that you make a claim on this policy first. This is because settlement will be on a new for old basis and you will not need to prove that anyone is at fault for the loss, so it is likely that your claim will be dealt with more quickly. Your insurers may then seek to recover their costs from the authority if they feel the council has been at fault. A successful recovery by your insurers will not ultimately affect your premiums. If you do not instruct your home insurance, a letter of interest is required by the authority confirming that they have been notified and has no interest in your claim. This confirms that the third party is not double claiming and no fraudulent activity is involved. You must mitigate your loss. The authority can only offer an indemnity and bring you back to the same condition. The authority will also obtain a quote from Urban Vision as a matter of protocol. Indemnity The authority will refuse to pay for new for old items of property, as the authority is not your insurance service, if found liable can only offer an indemnity in bringing a person or other entity back to the same financial condition he/she was in prior to a loss. Please note in cases that the authority are found liable, the authority will consider that wear and tear is a contributory factor to your claim and the offer of reimbursement will be reduced up to 50%, unless you prove your wall is new. As only a portion of the wall would be damage, the authority will refuse to pay for a complete rebuild of a wall; this will be seen as betterment. Settlement will be valued at proportion value of the quotes supplied. If quoted for a new wall then if liable a percentage up to 50% will be offered. That you have been aware of the defect for considerable time and failed to minimize the damage. Age and condition of the damaged property with no history of any regular maintenance. You have failed to mitigate your loss. The authority will not pay out for additional costs, documentation copies, loss of time, photograph fees, or any other out of pocket expenses. The authority is unable to process your claim further until such time we have received all the requested documents from yourself and confirmation from your home insurer confirming your policy/ claim number and their interest in your claim. Salford City Council aims to ensure that fair and equitable decisions are made as quickly as possible. In order for a liability claim to be accepted and payment made, there has to be proven legal liability on the part of the council for the damage suffered. The completion of the incident claim form is only the initial step in the liability and investigation process and does not indicate in any manner the acceptance of liability or payment will be made by Salford City Council. Please note in order to protect the public funds in which the city council handles, the information you provide in respect of your claim may be used to prevent and detect fraud. This information may also be shared, for the same purpose, with other organisations that handle public funds. Establishing negligence The council will not always be liable even where damage or injury has occurred. The key issue is whether the council has done or not done something which could be classed as negligence. For example, if there is a particularly bad storm which breaks the tree branches and as a result damages

2 your property the council could successfully argue that it was not liable as it was not at fault (negligent), as it could not have predicted the damage or prevented it from happening. Offending root exposure Unfortunately at your own expense, you must expose the tree roots on your property, in order to provide evidence that the highways tree roots are the direct cause of your wall damage. Please complete the details on the claim form, indicating that you have exposed the tree roots and an arbocultural officer will arrange site meeting with you in due course to investigate your claim. If the authority is found liable any out of pocket expenses root exposure costs will be settled. Unfortunately any claims forms without any proof of exposure of the roots, your claim will be automatically rejected. A raised pavement on the public highways does not necessary prove that a highways street tree has caused the damage. Age maintenance of property The age of the property will be taken into consideration and whether you have provided any history of any maintenance on the property. Cement and brick do deteriorate over a period of time. Storm damage The council cannot be held liable for any storm damage to any vehicles or property, as the weather is out of the authority s control. Claim payment to claimants If the authority is found liable after the claim investigation has been completed, the supplied claim estimates will be then reviewed and an indemnity letter of offer will be posted to you. Please note This may not be the same value as your submitted quotations due to the calculation of wear and tear of the damaged item or property. Unfortunately all claimants will have to bear the costs up front, as we are not your insurer. Payment will only be sent upon proof that the defect has been repaired and paid for by the third party; this is to prevent third parties claiming for repairs that have not been carried out and to stop any future fraudulent activity of claiming further damage. Data Protection Act Please note under the data protection act, the authority can only deal directly with the claimant, unless written permission has been given by the claimant for another person to act on their behalf. When we receive your claim we will: Acknowledge your claim within 21 days and inform you if we require any further information. Within a further 90 days from the date of acknowledgment (providing we have the full information and full exposure of the tree roots) your claim will be investigated and we will inform you if we have accepted or refuted your claim. If we do not receive communication from yourself within the next 30 days, then we presume you do not wish to pursue the matter and the claim will be closed. We wait to hear from you further. Yours faithfully, The Insurance Team

3 Tree root damage claim notification form (PLD3) Low value damage claims non carriageway in public liability accidents (up to 2,000) Insurance Dept Reference (Office Use Only) Photographic Evidence Mandatory requirement on all claims Photos and any independent reports must be supplied to prove your loss. This is to prevent fraudulent claims and review and value your damage loss, due to a contributory factor of simply wear and tear due to the age of the parts and items of property. Please note that your claim will be rejected, if you fail to provide photographs of damaged property and root exposure for proof of your loss. Your claim form will be returned to you, as your claim will have no merit. Failure to send the photographs within 30 days your claim will be closed. Section A Claimants details Mr Mrs Ms Miss Other National Insurance No Claimant s name (full Name please) Telephone number Landline Mobile Claimants Postal Address Date of Birth National Insurance No Section B- Incident date Details How long have you known about the defect? Date 1 st Aware Years Months Where did the accident happen? (if not claimant s home address) Please provide sufficient detail to identify the precise accident location (e.g. road name, house number, permanent location feature, grid reference etc.) Section C Loss details How old is the property that has been damaged? Years (Approx) Have you regular maintained the wall prior to the alleged damage? If so please provide evidence. Evidence provided Cannot provide evidence

4 At your own cost roots must be exposed on your property as evidence, ready for inspection by the Salford City Council Arbocultural Officer. Salford Council will not pay for upfront costs, prior to any decision on liability. Confirmed roots are exposed and ready for inspection by SCC officer Not acceptable Photographs in situ of alleged damage Acceptable Please note If no photographs of exposed roots are supplied with your claim form, then your claim will rejected and returned to you. A raised pavement on the public highways does not necessary prove that a highways street tree has caused damage to your property. A raised pavement on the public highways does not necessary prove that a highways street tree has caused damage to your property. Exposed root damage Photographs attached What steps have you taken to mitigate your loss? If so, please provide evidence Quotations supplied for repair Quote 3 will be requested from Urban Vision Quote 1 Attached Quote 1 Attached Do you have existing car/home insurance covering the period of the incident? Failing to inform your home insurance about your current claim against Salford Council, could invalidate your insurance in the future. Yes No I have no home insurance Please note This will not affect your any claims and also prove no fraudulent activity in double claiming against two parties. This is required even though you are not going through your insurer Date you informed your insurance company Your insurance company s claim reference Your insurance company s name Address Line 1 Address Line 2 Town County Postcode If not going though your insurer, please provide your insurer letter of interest Letter Attached If the authority are liable, then payment will only be issued, once the repair work has been completed and prove has been supplied. This is to reduce any misuse of money and any further repeat claims.

5 Declaration to be read and signed by claimant I understand that my claim may be denied by the authority with a defence against any such claim, that it has showed it has taken all reasonable care to maintain property in a condition that is safe for users, unaware of the defect or that circumstance are out of control of the authority. I understand that I must bear the any costs of the root exposure on my property, prior to any investigation by Salford City Council. I understand that my claim will be denied if upon the Arboriculture Office s investigation that the tree roots are not the cause of the damage to my property. I understand that the authority will not pay for new for old, full costs of wall rebuild and any other out of pocket expenses, as the authority is not my insurance and can only offer an indemnity in bringing myself back to the same condition I was in prior to my loss. I understand that if I refuse, fail to supply any documentation, then my claim will be rejected and no further investigations will be carried out by Salford City Council. I understand that if I refuse, fail to supply any exposed roots photographic damage, then my claim will be rejected and no further investigations will be carried out by Salford City Council I understand that if I give incorrect or misleading information or documentation, then my claim will be rejected and no further investigations will be carried out by Salford City Council. I agree that if my claim is successful, that Salford City Council may offset any debt owed by me. By completing this form and statement of truth without an honest belief in the truth of the given information, that I may be liable to prosecution. If I give fraudulent facts. Print Signed Date

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