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Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20122
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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I do not have comprehensive insurance on my vehicle. My

Customer Question

I do not have comprehensive insurance on my vehicle. My neighboro's tree fell into my van and her home owner's insurance states that they/she is not at fault, therefore will not pay for the damages. How do I handle this situation. I have need of my vehicle.
Submitted: 10 months ago.
Category: Legal
Expert:  Marsha411JD replied 10 months ago.

Hello,

Thank you for the information and your question. You can file suit in small claims court against your neighbor for the value of your vehicle. However, you need to be aware that unless you have a tree expert who can testify that the neighbor's tree was dead, diseased or dying to such a degree that the neighbor knew, or should have known this, the court will not hold them liable. In other words, an "Act of God" does not place liability on the owner of the damaging tree. Only when the conditions of the tree are as I mentioned, would your neighbor be liable.

If you do believe that to be the case, then you will need to have a tree expert come out to your house and examine the remains of the tree, or the tree itself, and agree that it was dead, diseased, or dying to the degree I mentioned, take some photos and be willing to testify. Of course, you will also need photos and estimates for the damage to your vehicle.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 10 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 13th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.