Legal Question in Insurance Law in New York

Who is legally responsible fo rthe damage from falling limbs of a tree that is near the property line of one property but limbs fall and damage a car parked on the neighboring property. the limbs that fall are from over the property line of the car that is damaged below


Asked on 9/09/11, 2:41 am

1 Answer from Attorneys
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

Let the auto insurance policy carrier determine the outcome, if coverage for property damage is afforded. Otherwise, check the survey to determine where your property line is and where the tree is within the scheme of things. It is important to note that some type of notice is required for full determination of fault; for instance, did anyone ever complain about the tree and the branch overhang? Upon determination of the ownership of tree, the damage caused by it is within the purview of the homeowner's insurance coverage of either party. Try to negotiate a deal between the property owners before proceeding on determination of fault and coverage; avoid bad blood.

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Answered on 9/09/11, 10:16 am


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