Legal Question in Insurance Law in California

Property Damage from tree

My 1999 Mercedes was totalled by a large tree branch falling on it. It was parked at our country club.It was a sunny windless day. The branch was too large for the trunk to support it. Our comprehensive insurance covered the value of the car. But the car was leased, so we lost all our equity and had to come up for a down payment for a new car. The club claims no liability. Do I have any recourse to recover the equity, deductible and downpayment? The financial impact is about $20,000.


Asked on 3/23/01, 11:34 am

2 Answers from Attorneys
Steven Murray Steven W. Murray, APC

Re: Property Damage from tree

Your comprehensive insurance should have

paid you the fair market value of your vehicle

regardless of how much was owed on the lease.

The country club can be liable, along with any

landscapers/gardners/maintenance companies which had responsibility for keeping the tree maintained and safe. A landowner/possessor of land has a duty to all of those who come on the land, and this includes the safety of their property. You could have been in the car! And big tree branches don't just fall for no reason!

The country club or the other entities have liability insurance, as do the parties responsible for the tree's maintenace/landscaping.

Make a written claim in a short letter and go from there.

PS: Is your insurer planning on subrogating against the country club to recover its payments?

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Answered on 5/29/01, 3:31 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Property Damage from tree

you can sue them but you have to prove that they caused the tree to fall.

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Answered on 5/30/01, 12:59 am


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