Legal Question in Insurance Law in New York

Vehicle crushed by tree

My Ford Explorer was parked outside my job on the street, a wind storm caused a large tree branch to tear off the tree and landed on top of my vehicle crushing the roof. The damage was estimated at 5,000$. The company I work for said the insurance would not cover that damage because it was a city tree but gave me 300$ towards my damages. The city refused to pay for damages also, they said that it is the responsibility of the house. I am going in circles. After the accident , a few days later the city came and trimmed the tree. I found that kind of strange.

Please help, my vehicle is destroyed and no one will take responsibility.

Any help is appreciated,

Thank you.


Asked on 11/28/02, 1:35 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: Vehicle crushed by tree

Check your own insurance policy to see if you were covered for wind damage to your car.

Unless you can prove prior notice of a defective condition in the tree you cannot prove negligence against either the City or a private owner. Sorry for the bad news.

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Answered on 11/28/02, 4:20 pm


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