Legal Question in Civil Litigation in Massachusetts

Tenent's vehicle damaged by fallen tree

During a snow storm a limb of a apparently dead tree located on the landlords property landed on a tenant's vehicle. The damage is approx. $4500.00 per body shop quote. Tenant's insurance will cover the $4500.00 (except for $500.00 deductable) but not rental vehicle for the three weeks the repair will take (tenant didn't have rental coverage).

Landlord's insurance accepts no liability and stated it will not pay for a rental vehicle and considers the case closed.

Does tenant have any recourse to recover for rental vehicle from landlord's insurance, landlord or anyone else?

Thank You!


Asked on 4/30/02, 8:43 am

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: Tenent's vehicle damaged by fallen tree

Tenant should take this to small claims court, suing the landlord. This is a great solution for claims under $2,000 because no lawyers have to be involved; the only investment is time and a small filing fee. The filing of the action is likely to elicit a reaction from the landlord's insurer, too.

Best wishes,

LDWG

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Answered on 4/30/02, 9:33 am


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