Legal Question in Real Estate Law in California
3 weeks ago, a tree limb from a neighbors lot fell on a car in my driveway. This is limb #4 to fall within the last year, a estimate for damage on the car we given to he property owner. But he claiming it is an act of god. Each time a limb has fallen it has come from a different tree, no one has trimmed any tree on this lot.The 3 rd limb that fell when from his property to the neighbors driveway across the street. His fence still has the caution tape on it, from when the police dept. responded due to a traffic hazzard. What are my options? I do not see the owner going to his insurance company.
2 Answers from Attorneys
Go to your insurance company. They are far better equipped to duke it out with your neighbor under their subrogation rights to your claim than you are to pursue the claim directly.
The falling limbs are 99% likely not due to acts of God, but are a consequence of negligence and trespass on the part of the neighbor. Forseeability of the accident by a reasonable person is the factor that separates "accidents" or "acts of God" on the one hand, and pure, old-fashioned negligence on the other. Also, if the branches overhang your property, that is a trespass.
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