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|  |
iceburg | Large tree fell on car and Im stuck with the bill, Advice ? |
on 07/06/06 (state Texas) I had my car parked in a friends apartment complex parking lot and a large tree broke somehow and fell on a electric pole and both the pole and tree fell on mine and another persons cars.
I spoke to my insurance co (liability coverage, progressive insurance) and they advised me that the owner of the tree would be the person I would have to take up the issue with. Then when the electric company came to repair the pole they told me (the claims department came to the scene) that the tree is what caused the chain of events thus I would have to the the issue up with the owner of the tree (apartment complex)
Just to be on the safe side I took a bunch of pictures of the damages prior to them repairing the pole etc.
Now the apartment complex people claim that it was from natural causes and are not cooperating, I would aprreciate some advise on the matter.From very little I know I have to send them a "letter of demad" via certified mail as the first step. |
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efrankpaca83
 |
Insurance trying to cheat you |
|
Someone with a free answer
|
This looks like a question for a local attorney, if you can get one to answer a question for an inexpensive--or free--consultation fee. Apartment managers aren't going to automatically write you a check, even if they are responsible.
Attached are some links offering some potentially conflicting information. |
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Laura B
|
your insurance should pay it was an act of god |
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mkulda
 |
It doesn't matter who owns the tree as long as you have 'comprehensive' coverage on your auto insurance.
If you only have liability coverage, then you will have to deal with the apartment complex.
The purpose of comprehensive coverage is to pay YOU for claims to YOUR car when something like a tree falls on it, or if it catches fire or is burglarized.
If you don't have comp, then you are going to have to go after the complex.....which may or may not have insurance to cover the claim. If they don't have liability to cover the claim, then you are going to have to sue them. |
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erniemigi
 |
That is a touchy situation you are in, first before doing anything else i would seek legal counsel, apartment owners will do what ever they can to get of doing the right thing even if they know they are in the fault of the matter, but usually having a lawer to either right to them or send them a paper will get them going to settle the matter, because they do not like getting bad publicity about there complex. Good luck and I hope everything works out for you. |
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amylr620
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Whomevers property that tree was on is at fault. If I have an icicle hanging off my roof and it crashes into the neighbors drive and breaks a window.. I'm at fault! It's as simple as that.If you own it, .. it's your responsibility.! |
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C R
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If it's your own comprehensive insurance, it will be easier to collect as they have a contractual obligation to pay.
If you try to go through anybody else's insurance, there must be negiligence involved, (Check your state case law and statutes.) otherwise it is an act of God for which they are not responsible.
They would be liable for a fallen tree only if they knew it was dead or rotting and there was a strong possiblity that it would fall.
That scenario is hard to prove. |
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tigertiggerii
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It may be an act of God, however, you could probably sue them for not taking care of the tree, or removing it before this happened. |
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mbrcatz
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the only way you will be able to get your damages from the apartment people is by taking them to court. You will have to prove that THEY KNEW the tree was likely to fall, in order to win. This is a very difficult thing to do, unless you had previously sent them a letter about the tree, certified, return recipt.
Sorry for the bad news. |
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