Legal Question in Insurance Law in California

Re: tree branch fell on my car

An owner of property whether home or business owes a duty of reasonable care toward people that might be injured if they are careless.

They do not insure the safety of people or their property as long as they act with reasonable care. Thus if a lightning strike hit the tree and caused a big limb to fall that would not have fallen because of lack of care for the tree and the landlord would not be shown to be careless and his insurance would probably deny the claim unless he carried insurance that would pay for that loss under another provision that is not part of the liability clause.

If the landlord saw that the big limb was going to fail, or had been warned the limb would fall if it was not properly trimmed and the landlord put off getting the work done, that could be deemed carelessness and his insurance company, would probably take care of the claim.

It is important to get an investigation done as soon as possible to detect evidence that may otherwise be lost. That is why in significant injury cases it is helpful to consult with an experienced attorney who can get an investigation going to preserve evidence. In a case where a tree fell on a car going down a highway, an early investigation of pictures of the tree and having a tree expert view the tree showed that the tree was full of insect damage and in such condition that it showed lack of care. If the case had gone to trial we were prepared to show that the tree would have fallen and could have fallen on the highway at any time and posed a serious risk of injury to the highway users because of the lack of care. Because the injured parties consulted an attorney very early, the critical evidence was preserved so that the case could be won at trial.

If the injured parties had not consulted an attorney before the evidence of the tree had been removed, that evidence would have been lost and the owners insurance company may have claimed it was an "act of god" when in fact it was a lack of care.

When anyone gets injured on another's property the injured party has the burden of proof to show the property owner's lack of care. Talking with an experienced attorney as soon as possible after any serous injury can help preserve evidence and can lead to a fair settlement or a winning verdict that might be lost if the evidence of carelessness is not preserved. The owners and or their insurnace company will usually not preserve such evidence.

While the damage to your car is significant to you, it is not the kind of loss that would justify hiring an attorney, when the amount of damage is probably within small claims court jurisdiction. If you have to proceed that way, you will need to show that the landlord was careless. That is why you should try to get your own insurance company to cover the loss and let them see if they can be repaid from the landlord's insurance carrier.

Re: tree branch fell on my car

The owner of the tree ought to have some liability - the real issue is whether you can prove it. you can make a claim against your auto insurance or, if he refuses to make a claim, bring a lawsuit against him. I would be happy to talk with you further about this.

AAM

Re: tree branch fell on my car

The answer depends on a number of issues that you haven't touched upon. Does the lease address who is resposible for maintaining the landscaping? Does the lease address damage to the tenant's property at all? Was there a noticeable crack that might have given you some clue that the branch might fall? How long had you lived there? Why did the branch fall? You see, you haven't posted enough information to receive an informed opinion.

You have a couple of options. First, the loss might be covered by your car insurance, your renter's insurance or your landlord's insurance. Contact your carrier(s) to file a claim and see if your landlord will give you his/her insurance information. Second, you can file a small claims lawsuit against the landlord if you wish. The small claims limit in California is $7500 for plaintiffs who are individuals. You might get a sympathetic judge to award you compensation.

Re: tree branch fell on my car

The simple answer to getting your car repaired is that the damage is covered by your own auto comprehensive coverage. Let your insurer pay and it will argue with the landlord if it can. That is what you bought insurance for.

There are more detailed and complicated answers about who the parties are which might be liable (the city, the landlord, the landlord's gardener/maintenance person, etc.,) but I don't think you need to get into that unless you don't have comprehensive coverage.