Legal Question in Civil Litigation in Florida

Re: civil

Hopefully, you, the owner of the car has comprehensive auto insurance (usually included with "full coverage"). It is that policy which will cover the damage to the car. If there was some act of negligence on the part of the neighbor, then the insurance company may then sue the neighbor for recovery and you may get your deductible back.

If you do not have insurance you can try to get your neighbor to pay for your damages. If he refuses you may take your neighbor to court for recovery, but will likely need to prove that he knew or should have known that the tree was likely to fall into your yard, or that he caused the tree to fall into your yard.

Re: civil

The person guilty of carelessness is responsible for the payment of damages. You have to prove his negligence. In contrast, he will try to prove apprehension of falling of tree. It is upto circumstances prevailing at relevant time.