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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 27636
Experience:  Lawyer
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Tree branch fell on car , on company property . As I 't have

Customer Question

Tree branch fell on car , on company property . As I don't have full coverage is the company liable.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

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.

Customer: replied 1 year ago.
Thanks that just tells me I'm screwed,I have no legal recourse what do so ever.
Expert:  Lucy, Esq. replied 1 year ago.
I would be doing you a huge disservice if I told you that you have a legal recourse that does not exist. It's better that you know now before spending hundreds of dollars to file a lawsuit. My job is to tell you the law, even when the law is not on your side.
Again, I'm sorry.

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