Legal Question in Insurance Law in California

fallen tree branch demaged my car

I stopped by a friend house during lunch time. When I left the house after 10 minutes, a huge tree branch had fallen on my car. My car was scratched and dented on the passenger side. The homeowner�s insurance company rejected the liability. I had to claim my own auto insurance to have my car fixed.

I want the owner to reimburse me $250 deductible, but she denied. She insisted I need to talk to her home insurance. The insurance company said the tree was still alive when the wind caused the branch to break. So it is not their liability to pay the damage of my car. Is it right? How about it hit people?

Can I go to the small court to sue the owner since her tree branch dropped 4-5 times before? She didn�t trim their trees at all. The whether was sunny. Her trees grow huge, wide, and extend to the public street from the backyard.

Thank you!


Asked on 12/09/04, 6:04 pm

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: fallen tree branch demaged my car

Yes, but first tell your own insurer. It may sue for itself and you, and try to get back its costs, then you will not have any claims on your record. Talk to your adjuster about doing this, and you both can be made whole. If your insurer does not want to do it, you can still do it but make sure you ask if you get back what it paid if this will benefit your own record. If so, sue for all, if not, sue for your deductible only.

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Answered on 12/10/04, 4:55 pm


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