I parked my car in the parking lot when I went into eat. When I came out a tree branch had fallen on my hood and dented it. It was raining out but it was the only parking space available and aren't they required to do upkeep? Are they responsible?
2007-08-26 07:01:38 · 8 answers · asked by Autumn D 2 in Cars & Transportation ➔ Insurance & Registration
You can try, but your insurance should pay for the repairs. Tell your agent what happened, give address, date, etc. Let them take it from there.
2007-08-26 07:09:29 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Your damage is completely a comprehensive claim, provided that you currently have that coverage. Best thing to do is claim it on your insurance and more then likely, they'll make Applebees reimburse them. However, I'd go to Applebees first! This is just like those situations where a homeowner's tree falls on someone's car. Sure, the homeowner didn't push the branch down themselves, but they own the tree and if something you owns damages someone else's belongings, it's your responsibility for being a tree-owner. ;)
Call your insurance claims center! They'll tell you exactly what THEY want you to do, and that's always best.
2007-08-26 09:19:18 · answer #2 · answered by Miss Meli 3 · 1⤊ 1⤋
Unless there was a dead branch hanging by a thread for days and Applebees knew about a possible liable situation and did nothing to correct it then NO. Tree limbs fall all the time. Would you look to your mortgage company if a tree fell out of one of your own trees?
2007-08-26 11:32:06 · answer #3 · answered by Anonymous · 2⤊ 0⤋
Applebee's most likely doesn't own the land or the trees, a developer or management company does. Could anyone have foreseen the tree limb falling? Probably not. Who is at fault here? Nature? Submit claim through your own insurance.
2007-08-26 13:36:32 · answer #4 · answered by Scott H 7 · 0⤊ 0⤋
I would approach the restaurant with what happened. They may offer to pay for the damages, as they will wish to avoid the negative publicity.
Legally, thye are most likely not responsible as the tree falling was an act of god. Unless the tree was in horrible condition and they knew it was going to fall, they are not responsible, and it is hard to prove.
If they don't offer to pay your damages, go to your insurance if you have comprehensive coverage. if not, then it will be all your responsibiity to cover.
2007-08-26 07:39:01 · answer #5 · answered by Anonymous · 2⤊ 0⤋
Turn it in to your insurance, and let them handle it. It's unlikely the restaurant will be responsible unless it can be shown they were negligent, that they know the tree was about to lose a limb, and after knowing did nothing to solve the problem. It's generally referred to as "a weather related act of God."
2007-08-26 07:27:08 · answer #6 · answered by oklatom 7 · 2⤊ 0⤋
You would have to prove negligence on their part. Pretty tough to do, branches break. It is a comprehensive claim on your insurance.
2007-08-26 12:46:08 · answer #7 · answered by Fred C 7 · 1⤊ 0⤋
Their tree, their responsibility.
The question is, 'Can you prove it?`
2007-08-26 10:56:46 · answer #8 · answered by Irv S 7 · 0⤊ 3⤋