Legal Question in Real Estate Law in New York

Tree Fallen On My Car

My car was struck/crashed by fallen trunk/branches of a tree when parked on side of a street (in front of another apartment bldg, next to mine) during a hurricane a few weeks ago. The town's insurance claiming it's an act of nature. Hence, my claim for damages (est. $3000) of my 2001 Hyundai sedan was denied. I don't think it's justified to let it go. I believe that ''insurance'' by definition is for the contingency of damage. Why else we need insurance if they could say ''Oh, it's an act of god.'' I don't know how to approach this. What do I do next? Please kindly email me at [email protected]


Asked on 11/22/06, 2:05 pm

2 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Tree Fallen On My Car

They are correct. They are only liable for negligent acts..not all acts. You must show that the tree was diseased or that they failed to take action when they knew that the tree was unhealtht inasmuch as healthy trees do not fall.

Why not turn it over to yuor comprehensive insurance carrier.

Good Luck

RRG

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Answered on 11/22/06, 3:52 pm
Arnold Nager Arnold H. Nager, Esquire

Re: Tree Fallen On My Car

Your carrier should cover this less any deductible.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.

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Answered on 11/22/06, 8:16 pm


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