Legal Question in Real Estate Law in California

tree

if a tree falls on your car at your apts can you sue


Asked on 9/08/08, 5:47 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: tree

It depends upon the facts. If you have vehicle insurance, you are generally required by your policy to report the damage to them. They will then undertake to pursue whomever is at fault for the damage to your vehicle. Otherwise, if you have no insurance, or you chose not to report this to your insurance company (I strongly discourage you from failing to notify your insurance company), then you need to consult with an attorney to review the facts of what led to the tree falling, and he or she can then advise you whether you have a claim.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 9/08/08, 5:54 pm
Anna Niemann Pro-Active Mediation

Re: tree

Take pictures of the tree, its location, the location of the car and the damage to your car. If you have coverage, you must inform your insurance carrier of the damage. You will need to obtain an estimate of the cost of repair. If you know whose property the tree is on, you may approach them requesting that they pay for the repairs. If you receive no cooperation, you can file a small claims action supported by the pictures and repair estimate.

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Answered on 9/08/08, 6:41 pm


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