Legal Question in Civil Litigation in Pennsylvania

Re: Small Claims Court

You asked about car damage from a fallen tree limb.

Often a fallen tree limb is not the fault of the owner of the tree UNLESS they were aware of the dangerous condition before the situation AND they did nothing about it.

Where was the branch from? Was it overhanging your property (which would have been your responsibility to prune)? Or was it a high limb that couldn't been seen? Is the tree otherwise well cared for? Where was the car parked? Could it have been parked someplace out of harms way?

Also, your homeowner's policy probably does cover cars parked in the driveway. It is a common misconception that vehicles are excluded from homeowner's coverage.

It is probably not worth pursuing in court unless it was a large and obviously rotten limb that was on their side of the property line before it fell.

Regards,

Roger