Not long ago, a large tree branch fell onto the roof of my new Scion xA. My car was parked on the street, and the tree was located in the area between the sidewalk and the street. Someone told me that property is owned by the city, so I should try to get the city to pay for the roof repair and paint.

Any opinions or experience with this type of situation?






-Pete

 

i talked to the police and they said it was property vs property damage. therefore all the libaility falls on the appt. owners. the tree easily couldve hurt me or my friend if we were outside.

 

I would check with your insurance company to see if they will cover it as an act of God (which they probably will). If they do, it probably won't affect your premiums. If this is so, don't try to go after the property owner. Unless it was clear that the branch was dead and about to fall off, he had nothing to do with what happened to your car. Don't make him pay for the damages or file an insurance claim (which probably would raise his premiums, since you are claiming negligence). At most, just ask that he/she pay your deductible.

Just commenting from experience- try to keep things as simple and civilized as possible.

 

People are all too "sue happy" in this world... Yeah, it could have injured you, it could have done a lot of things. If could have KILLED you, but you know what? It didn't. It would be the same thing as saying that you were going to sue me because you were a pedestrian on a street I was driving on and my car *COULD* have killed you, had it run over you. But because I drove past you instead of hitting you, you still want to sue me... Let's get a grip with reality here...

Contact the property owner and see if they have insurance that will cover it. If not, call your insurance company and have them take care of it for you. No lawsuit is necessary in any situation.

Geez, and people wonder why the court systems are so screwed up.

 

The folks saying it is 'your' insurance are correct.
How in the world would anyone except an ambulance chasing attorney think windstorm damage from a tree limb is the fault of the owner of the tree.....
For it to be the fault of the property owner you would have to prove the tree or limb was unhealthy/damaged and the property owner new or should have known the limb could fall and failed to remove a known hazard.

It is covered under your comprehensive section and deductible. It should not have any impact on your insurance coverage or rates.

 

i didnt say anything about lawsuits, just whos responsible for the damage.

 

God is responsible or if your not religious Mother Nature is responsible! Just call you insurance agent and see whats up. Sometimes things happen and no one is responsible. Hard to believe in this day and age. But to put it in laymans term

"SHIT HAPPENS"

 

You're responsible. Parking near a tree shows you're willing to accept the risk and are fully at fault.

Of course I'm kidding. But you can see how a lawyer for the tree or it's caretaker could turn things around if they want.

 

Like some already mentioned. Just contact your insurance. It falls under "comprehensive damage" so it won't effect your insurance rate.

 

I think a falling tree would go under comprehensive here in Germany, but I do know that if you park under a tree and return to find dents in your hood from falling acorns, etc. that's collision damage here (and premium increase)! Look before you park, they say.

///Robin