i had a tree fall on my 53 a few years back... had full stated value insurance and they came the same day i made the claim and wrote me a check and it was a act of god (high winds).. but dont get down about your car too bad i put mine back together only took a couple years....
ACT OF GOD??????????? if they tell you that and refuse to pay thats bullshit. in this world ntoday you can hardly say the g word with out someone getting offended how in the hell are insurance companies getting away with it? i think that little phrase needs to be done away with when it comes to a situation like this.. sorry to hear about the damage and good luck with the repairs..
His homeowners MIGHT cover it if he failed to maintain it. Here in Colorado, if that tree hangs over your property, you can cut it ot trim it, which is what I would have done. Being you have no comprehensive insurance on the car, I am sorry to say, I think you are SOL.
Doesn't matter if the tree fell as an "act of God". The tree owner is still liable for the damage it caused. The "act of God" language relieves the insurance company from paying for it, but the owner is still liable.
Yes. If all negotians fail, consider court. Again; Judge or Jury will usually find damage caused on/by property that the property owner is always liable, the degree of liability will be the question. Jurys award zillions sometimes in cases where the case is against the Insurance Company. Insurance Company disclaimers can not change the law. Property owner has to prove in court that he is not liable. Of course you might be liable, if the limb that fell was over your property to start with.
Well, unfortunately, law and liability is based on precedence and not personal opinion. And I am pretty sure precedence will show that tree limbs or falls on your side of the property are your responsibility. That is why the law also generally allows a homeowner to trim a neighbors plantings right up to the property line if they want. Without prior knowledge that this was likely to happen and proof and/or communication of such between the 2 parties, then is likely just an "act of god" or "act of nature" or just plain bad luck - whatever you want to call it. I thought most people on here advocated personal responsibility verses blaming others for their problems and going after and suing whoever for payment. Sounds like when the shoe is on the other foot, it is easy to forget about that kind of stuff. I think this one sounds like it is chalking up to be just plain old bad luck and time to get to work to fix it and maybe get some better insurance for the next time something like this happens or don't park near any large trees or any other potential hazard, no matter how remote, in the future - not sure where that would be though. One last thing to consider, trees ALMOST ALWAYS FALL DOWNHILL and the line most downhill. That is how gravity works - just like water. So, if it is on a hill, it is predictable where it will most like fall. All trees fall at some point. If you live on a hill below a big tree, be prepared to take it at some point or deal with it before it deals with you. If this was an old large tree on a hill, then it might be possible to argue that the neighbor should have known at some point this tree was going to fall and do damage. But, then again, so should have you and you should have told him if you had any concerns about it and he could argue that you should have then known not to park under the fall zone of it.
screw the insurance , cops ,etc........... just burn his house down strating it with the tree that fell on your vehicle
Oddly enough, a case exactly like this was just on The People's Court today, so I totally know what I'm talking about! They said pretty much the same thing a lot of people here said, basically your neighbor's not liable for anything on your side of the fence unless the tree was already a known hazard prior to the incident
Being courteous and calm is always a good thing. Simple fact is law and the legal system is going to be tough, and most likely a waste of time. Try to settle with your neighbor, even through mediation, but you dont wanna get to litigation, its a mess and it will cost more than its worth. Plus it may cost you a friendly neighbor. If too much time passes and you cant get in touch with your neighbor then it may be time to take further action. I would stress tryin to get a hold of them though.
He isnt getting the point me thinks.. Your righ ive been there but i was smart enuff to ask questions before i tried to sue and my neighbor even told me to sue them and she meant i only cuase she felt bad... I found out it wasnt gonna fly so i didnt.. Dave
Act of God...you are pretty much fucked.you cant win in small claims court cause you have to proove that there was intent,or that the tree was weak,etc.Insurance will not pay for it...you can approach the guy nicely and ask for repair money..... I am not a lawyer but i did stay at a Holiday Inn last nite
well that sucks..go the insurance route..and dont take any of that "act of god" shit..tell em they are wrong..you talked to your hot rod god and he had nothing to do with that tree falling. Because any god you would have worshiped would never do such a thing to a 59 Chevy and you can prove it in court!
Now ya see you guys are provoking this kid to sue the neighbor and obviously he dosent have two nickles to rub together or he would have had some kind of insurance and to not have agreed value on a classic is just well ill be nice and say its not right.. so how the hell is he gonna obtain legal help to sue GOD and his neighbor.. How do you sue a tree anyway ??? If he had thought in the beginning he would have had gotten restraining orders on all the neighbors trees then.......... Dave
Relax Dave..I didnt say he should sue..I think the insurance of the tree owner should take care of the problem with out having to get all legal and stuff..Isnt that what we pay home owners insurance for? But for the record my God doesnt act this way
Nope according to my insurance Co when it happened to me that aint the case... Im cool im just trying to set the record straight.. he aint gonna get shit.. Bottom Line.. Its a fucked up deal too but again i have the T shirt Dave
wow i didnt realise that....what do they do ...revert to car owners insurance? I guess that would kill it for sure if he doesnt have insurance on the car, answers that question
PS: Now if the neighbors tree falls on my garage and fucks up all my shit in the garage then my home owners takes over but if i have full coverage agreed value on a hot rod in the garage then i want to also contact them.. In the end it will be all ok but id be covered on the car if it was in the drive and during the day. You gotta be careful here cause agreed plans want em in a garage and locked up at night ... Of course there is always the Bull Shit rule.. If you can b/s em and they believe your story your good too.. Dave
Well at least you realize your never too old to learn sumpin ... Bottom line.. agreed value or full coverage ... Or home owners and in the garage when the tree takes it out but remember you need good coverage on the stuff in your garage... We could go on and on on this but ive said enuff... .. Dave
The question here is not how one could sue a tree, but how could one sue an entity still in philosophical and scientific debate?! However, as I said earlier, the legal system sucks ass. It would be a better use of his time from the start to try and play on the empathy of his neighbor.
Friend had the top of his grain mill fly off in a storm smashed a van.Insurance said act of god .The van man sued in court and the Judge said act of god dismissed.
Now that you have gotten all this legal advice from a bunch of gearheads, I guess the next logical step would be to find an attorney to do the bodywork.
Act of God or not, it was his property that damaged yours. Did he have a duty to make sure the tree was safe? What if it was his shed that blew into your car from the same storm?
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