Chris Yardley, from the Fakenham Area Conservation Team (FACT), was driving back from a job when the van hit the branch on Brick Kiln Road in Thursford.
The incident took place during a dark evening where visibility was low and has led to an insurance claim fight over who should pay out the £1,300 repair costs.
The branch was found to have rotting bark (Image: Chris Yardley)
Mr Yardley said: “I was driving along a narrow road and saw an oncoming vehicle. I kept over to my side of the road.
“The tree was sticking out at about five feet above ground level. It hit the roof rack so hard that it ripped off.
“In the dark, there was no possibility of seeing it. It was so low that it could take someone off their motorcycle”.
Mr Yardley alerted the police, as well as land owners Albanwise, about the branch, which was discovered to have rotting bark.
Albanwise had offered to pay £500 for repair costs, but because they were higher than that, they referred the matter to their insurers, NFU Mutual.
The branch was described as ‘low enough to take someone off their motorcycle’ (Image: Chris Yardley)
After receiving a quote for repairs that totalled £1,300, the matter was referred to insurance company NFU Mutual, which said they are still assessing the claim.
In a letter to FACT, the NFU said: “Our insured have advised us of the unfortunate incident involving the Fakenham Area Conservation Team’s vehicle. Kindly note our possible interest as their public liability insurer.
“We are investigating the incident circumstances in order to determine whether or not a legal liability for the damage to the Team’s vehicle attaches to the Farm. A occupier or owner of land is not strictly liable for damage caused by trees, or other forms of vegetation, that stand upon their land.
“The test is how the risk the existence of the trees represent is reasonably managed. Also the driver of a vehicle is under a legal obligation , in the ordinary course of events, not to be involved in collisions.
“The vegetation upon the roadside boundary was there to be seen or ought to have been seen.”
In the letter, NFU Mutual then suggested to Mr Yardley to contact the team’s own insurer about carrying out repairs, but said FACT’s insurer would not be concerned with legal culpability issues.
FACT has been in existence for 35 years, maintaining green spaces and public access around the town.
The situation has left the team facing the possibility of meeting the repair costs if NFU Mutual do not pay out and also the cost of van insurers excess and raised premiums – causing a huge impact on their activities.
The insurers for the land owners have reportedly refused liability for the damage (Image: Chris Yardley)
He said: “Our group has an income of only around £1,200 a year from our fundraising activities and this will be a substantial dent in this.
“We have to meet our van costs and our public liability insurance as well as servicing equipment and paying for fuel for mowers.
“It could well mean we would struggle to continue if we had a poor fundraising year this year”.
The incident happened on December 21.