Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.
Liability is about fault, not about ability to pay. So, the fact that you do not have full coverage unfortunately has no bearing on whether the company is responsible.
When a tree branch falls due to wind, storms, or another "act of God," then the owner of the tree is not responsible for any damage that is caused. If there is any evidence that the tree's owner was aware that the tree presented a danger, or that the branch was likely to fall, then they had an obligation to make the tree safe and protect others from injury. In that scenario, yes, they would be responsible for the damage to your car. The problem is, you have to be able to establish that the threat presented by the car was evident to the owner, but not something you should've seen when parking beneath it. That can also be tricky, and it could require a fair bit of investigation, like talking to any gardeners or subpoenaing records from them.
It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.