Legal Question in Real Estate Law in Georgia

I just had a dead tree fall on my car in my apartment complex- of course the apartment people claim they are not responsible for my damaged car


Asked on 6/11/11, 9:16 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Do you have a question (though this is not a real estate issue)? A tree falling may be an Act of God, or it may be the complex' fault if it was obviously damaged or dying before it fell. You provided no facts and no specific question.

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Answered on 6/11/11, 9:23 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You posted this in the real estate law area. It does not concern real estate so lawyers in the correct area of law may not see it. This involves landlord-tenant law and auto insurance law.

In general a tree falling is called an "Act of God." You cannot obviously sue God. The apartment complex, unless the tree was very obviously dead and near falling and they had notice of that. If they did, their insurer might pay. You'd probably have to sue in Magistrates Court (Small Claims).

In most cases you have your own car insurer pay. It is part of full coverage (your comprehensive). EVERYONE should have full coverage unless they can afford to pay for major car body repairs or unless the value of their car drops below about $2000. If you chose not to have full coverage you eat the bill.

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Answered on 6/11/11, 11:22 am


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