A huge tree branch fell on my car, and scratched it up really badly on the right side. The weather is calm, so there was no sign of lightning or strong winds. My car was parked underneath the tree where I lease my current house. Is the landlord responsible for the upkeep of the tree? The tree fell out of no where. I'm frustrated and don't know what to do first. I called the police and one showed up, because my bro heard the snap, then a crash and that's when he came out to see that the tree was on top of my car. He noticed 5 people running away. The cop gave me a case number and everything and advised me to seek a lawyer for this civil case with the landlord? Help!
2007-08-24 23:03:25 · 9 answers · asked by Tryst 1 in Politics & Government ➔ Law & Ethics
Your auto insurance will cover it...
2007-08-24 23:28:36 · answer #1 · answered by Anonymous · 1⤊ 1⤋
The cop was correct. Do consult with a lawyer.
It does not sound like there was major damage to your car. You should however get a written estimate as to the cost of the repairs.
The people who were running away could in some way caused the tree branch to fall. Perhaps one or more were chinning or hanging from the branch.
I do not see how it was your landlords fault unless he knew or should have known that the tree branch was dangling or rotted.
If the cost to repair is minor or if the car is old, or there is not need to repaint or fix metal then you may be better off doing nothing. It may not even pay to report it to your insurance company because claims may result in an increase in the premium or even cancellation of the policy.
I ma sorry that I could not find a good way for you to proceed since you are the innocent victim in this scenario.
2007-08-25 06:25:19 · answer #2 · answered by DrIG 7 · 0⤊ 0⤋
Legally, the landlord has responsibility over the property. But it is also your responsibility to tell your landlord about the problem. If this is your true story, then it is the landlord's fault. Like I said, they have the responsibility to take care of dangerous things like this. Especially if it is a tree. In fact, he may be liable for damage in the case of your car. But a lawyer should review your case. If this is the complete truth, and whole story, then you have a very good chance of winning. But like I said, this is something for your lawyer to figure out because if has some details that I don't.
2007-08-25 06:17:51 · answer #3 · answered by labguy 2 · 0⤊ 1⤋
No it was an "act of God" so nothing will come of it.
This can be translated from legal terms into "unlucky" and "get a grip you can't sue someone for an accident that was no ones fault"
The answer to your question is: you do nothing, but remember not to park your car under a tree again... or near anything what can possibly damage it ever. Try a garage.
2007-08-25 06:22:42 · answer #4 · answered by Anonymous · 1⤊ 0⤋
if its an act of god as the person above said your landlord is not responsible if it was cut down by the people your bro saw running away as an act of vandalism then your landlord is not responsible either the people running away are you would have to sue them not your landlord
2007-08-25 06:15:12 · answer #5 · answered by little78lucky 7 · 1⤊ 0⤋
i would say yes - even if their is a storm owners are responsible for the upkeep of the trees on the property. proper tree maintinance keeps that problem from occurring.
2007-08-25 06:13:14 · answer #6 · answered by elizabet 3 · 0⤊ 1⤋
Stuff happens. Suck it up.
2007-08-25 09:51:01 · answer #7 · answered by gunplumber_462 7 · 0⤊ 0⤋
hope you had renters insurance.
2007-08-25 06:13:07 · answer #8 · answered by Alan C 3 · 1⤊ 0⤋
no...act of God is a lawful defense....for him
2007-08-25 06:08:20 · answer #9 · answered by Anonymous · 1⤊ 0⤋