General Question

elguapo02145's avatar

A tree fall over my car, can I sue the home owner?

Asked by elguapo02145 (87points) June 25th, 2008 from iPhone

it was raining really hard. If my insurance company doesnt covered, can I sue the home owner for the damages? My car its a brand new, only 14 days old

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8 Answers

Randy's avatar

Hmmm, earlier you said 11 days. Has three days elapsed already?!?!?! Oh well, sueing would be ass holeish in this situation unless you neighbor cut the tree down to make it fall on your car. Why wouldn’t the insurance company cover you?

marinelife's avatar

Per the NY Times:

” When a Tree Falls, And Everyone Hears It

Published: June 15, 1997

A NEIGHBOR’S tree falls during a storm and crashes onto your house. Who pays for the damage?

It is not meant to be a trick question, but to homeowners who have been in the situation, it may seem like one.

’‘Even though it’s your neighbor’s tree, it’s your problem,’’ said Bill Demarest, manager of Mike Forte Landscaping and Tree Service in Scarsdale, N.Y. ’‘If your tree uproots and comes down on a neighbor’s house, that’s an act of God. Nobody can be held liable for acts of God.’’

The rule of thumb is that the property owner whose house was hit by a tree is the one who claims the damage on his or her homeowner’s policy, said Steve Goldstein, a spokesman for the Insurance Information Institute, a trade association.

cage's avatar

tbh, if you do you’re a bit of an ass, coz it’s not directly their fault.

However, I would say if the tree was like, planted poorly, in that it probably DID need moving, or the home-owner HAD been told it was a risk, then yes, I think you have a right or even a duty to! simply because they’d been told it was a risk!

marinelife's avatar

Cage is correct that the exception is if the tree was not healthy. In that case, the property owner on whose proerty the tree grew is liable.

cage's avatar

yeah! GREAT ANSWER MYSELF…. oh wait wha… :( I can’t lol

marinelife's avatar

@cage I got your back.

cage's avatar

thanks marina… I love you

Seesul's avatar

Note to self, marina, go out tomorrow and take a picture of the diseased oak next door that might fall on my car. thanks.

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