Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

Their tree fell on my car! How do I get them to pay for it?

Posted by on Jun. 26, 2010 at 8:36 PM
  • 34 Replies

 My car was parked in the parking lot of my apartment and a huge branch from a very old tree fell and totalled my car. More damage than the car is worth, over $6000. Neither my landlord nor their insurance will pay out, calling it an "act of god." Had it been storming, maybe. Had I not previously voiced my concerns to them about prior falling smaller branches, definitely. But as it stands, I am calling it neglect. Is it worth getting a lawyer for small claims court? Is there any way to cancel my lease during this suit? Since this occurred I've been constantly harassed, stalked, and intimidated. Or is it possible to add on for emotional trauma, or whatever terms you might use? I'm so fed up and I need some help & advice on what comes next. Thanks in advance.
FYI I'm in Illinois

by on Jun. 26, 2010 at 8:36 PM
Add your quick reply below:
You must be a member to reply to this post.
Replies (1-10):
mrsmizcell
by on Jun. 26, 2010 at 8:38 PM

Your insurance should be contacting their insurance to pay for it. Did you talk to your insurance broker?

heartsandskulls
by on Jun. 26, 2010 at 8:38 PM

im not sure what you can do but here is a bump!!

Cait5156
by on Jun. 26, 2010 at 8:39 PM

 yea :( unfortunatley I didn't have comprehensive. Thought I was fully insured but apparently with my insurance you have to be very specific about comprehensive. So my insurance wont help. And their insurance denied the claim because they denied any previous conversations regarding it

okhsmom
by on Jun. 26, 2010 at 8:44 PM

This is an act of god.  The branch just dropped.  No one was maliciously at fault.

xxlilmomma09
by on Jun. 26, 2010 at 8:46 PM

If you called the police, and have a report, it shouldn't be a problem to get the insurance company to pay for it.

kirstn007
by on Jun. 26, 2010 at 8:48 PM

can u consult a lawyer to see if it has a chance to stand up in court

CasandraFinlay
by on Jun. 26, 2010 at 8:48 PM

**** since you've stated to the management that smaller branches have fallen... they were ON NOTICE to inspect their trees.



The property should pay for damages. Their tree, their responsibility to make sure all hazards are addressed and precautions taken.

An 'act of God' would be the WHOLE tree falling down on the vehicle. If you feel harassed or stalked, call the police department and file a report. That is a criminal matter and needs to be addressed as such.


Get your car insurance to go to bat for you. That's what you pay them to do.

momofSkyeNShy
by on Jun. 26, 2010 at 8:49 PM
Msmizcell is right also I would sue. I'm sure u can move if they are harassing u. Call ur state housing athority and ask while ur calling lawyers.
Posted on CafeMom Mobile
mrsmizcell
by on Jun. 26, 2010 at 9:31 PM


Quoting Cait5156:

 yea :( unfortunatley I didn't have comprehensive. Thought I was fully insured but apparently with my insurance you have to be very specific about comprehensive. So my insurance wont help. And their insurance denied the claim because they denied any previous conversations regarding it


You're not asking your insurance to pay, you're asking them to call the landlords insurance company and force them into paying for damages. It's their obligation to do that for you no matter your insurance plan because you are their customer.

 

Their insurance company is of course going to try and not cover it, but if you fight with knowledge on insurance policies or  threaten them with legal action.. or go to a local newstation that deals with personal complaints against companies, they will probably suck it up and pay you out. Remember they have people hired just to tell  you to go to hell when you call in with a claim, so don't take that crap from them.

masastan
by on Jun. 26, 2010 at 9:33 PM

I would just call around to different lawyers and set up appointments to consult and see what they say. I definitely would persue getting them to pay up and move out!

Add your quick reply below:
You must be a member to reply to this post.
Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)