I rent an apartment in Van Nuys, California; therefore I pay rent every month which includes a parking space fee. The parking space is within the private property. They are claiming "Act of God". Even so, should they be liable for the damage caused on their owned private property?
2006-07-26 17:01:46 · 16 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
That is NOT an act of god. Trees falling is normally covered by the property owners insurance.
If a tree from my property fell on my neighbor's house, its MY insurance company's obligation to pay.
2006-07-26 17:05:54 · answer #1 · answered by 2007_Shelby_GT500 7 · 0⤊ 0⤋
Act of God only counts for Lightning, high winds, or flood. If this is not the case in your case then they are most likely liable for the damages. If the tree fell due to old age or poor planting on their part then it was foreseeable that they should not have planted the tree in such a manner that it could land on a car in their parking lot. This is the same for most if not all states. If you go to small claims court thay will more than likelt find in you favor if there was not a storm or earthquake causing the tree to fall. You mentioned Van Nuys so I mentioned the earthquake. I have actually seen a person collect damages because a dying tree near a fence line crushed something on their property. Your situation is very similar assuming your parking space is assigned.
2006-07-27 00:12:13 · answer #2 · answered by LORD Z 7 · 0⤊ 0⤋
Why did the tree fall? Was the tree diseased, struck by lightning, hit by an object, etc.? Trees don't normally fall on their own.
You can do the following:
1. make a claim on your own insurance policy under the comprehensive coverage. Your carrier will fix your car and then go after the property owner for reimbursement.
2. Make a claim against the insurance carrier for the tree owner.
3. File a small claims action against the property owner. Small claims limit is now $7,500.
Good luck.
Practicing attorney for 16 years.
2006-07-27 19:14:21 · answer #3 · answered by heshootshescores3 4 · 0⤊ 0⤋
Depends on the reason for the fall. If they failed to keep the tree in health, they can be liable.
Their HomeOwners insurance should still cover the accident as technically their property.
Do you have renters insurance, since you rent the space, that would cover it?
2006-07-27 00:05:25 · answer #4 · answered by Diana D 2 · 0⤊ 0⤋
I think that you have a resonable expectation that they are liable.
Even thought they are claiming it was an act of God, responsible property owners maintain their trees, trimming dead limbs and removing branches that obstruct power lines.
I would seek legal advice, if I were you.
2006-07-27 00:07:34 · answer #5 · answered by boogiewunker 3 · 0⤊ 0⤋
Yes, if it's on their property, then they are responsible. I know this because during a storm, my aunt's tree in her front yard fell and damaged the neighbors car, and she had to pay for it.
2006-07-27 00:07:13 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Unless the tree was diseased, your out of luck. Check with your car insurance company, they will know the law in your state.
2006-07-27 00:06:56 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I first off? Would check my auto owners insurance....then my apartment owners insurance. last? I'd ask the ppl whose tree hit my car. Be sure to check baby; ALL your options....check your insurance....becarefull; besure.....besafe!
By the way? "IF" you pay a "fee" for your parking space? Should it not? BE INSURED?
2006-07-27 00:14:45 · answer #8 · answered by taybugg97 2 · 0⤊ 0⤋
it may b an act of god but if it is not so then they would b liable for d damage but they would hav to show dat the fall of tree is an act of god.if they could not proove it then they would hav to pay for this.
2006-07-27 00:09:02 · answer #9 · answered by Vipul 2 · 0⤊ 0⤋
No the feckin tree is,the Insurance call it an act of god?lol.
2006-07-27 00:06:35 · answer #10 · answered by Anonymous · 0⤊ 0⤋