Legal Question in Civil Litigation in Georgia

If I parked in a city parking area near a tree that had recently been trimmed, and the remaining portion of the top of the tree fell onto my car; is there any recourse for me to get my car repaired. I have liability ins only, am 66 and live on a small SS income. The limb was rotten and the city immediately got there and started cutting the tree down so "it won't cause no more damage". Any advice would be appreciated.


Asked on 8/23/11, 11:32 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You have learned an expensive lesson on why everyone needs full coverage (comprehensive and collision). If you had that you'd just make a claim.

Since you chose not to have it, usually you get to pay the damages. A tree falling usually is an act of God, and the owner of the tree is rarely liable. Even if the owner is, cities, thanks to a vote by the voters of Georgia a few years ago, and protected from most suits by what is called soverign immunity. That is a choice Georgia voters unwisely made.

Having said that, call your city councilman and the city. On rare occasions, the city may pay claims it does not have to pay. Also, if it turns out that a private firm was negligent in cutting (rather than the city) you may have a better claim.

Read more
Answered on 8/23/11, 11:37 am


Related Questions & Answers

More General Civil Litigation questions and answers in Georgia