Could some one give mesome advice ?

Question

Okay here is the issue. I bought a car on the fourth of July a 1994 Chrysler new yorker its not worth much but that's not the point an oak branch the size of a tree fell out of the tree. My car was sitting in my drive way parked not moving and the insurance company that covers the property the tree stands on is not going to cover it. I have to go through my insurance now mind you i have 3 young children who have to ride in this car and the back window the roof and the back driver-side passenger door was all crushed. This is the only car we own my fiends say we should sue the owner of the property but i think really whats the point ! so the question is should we try to go to small claims or should we let it ride and eat the cost of the car?

HELP PLEASE!!!!!!!!!!!

Answer 1

I'd file two suits, one against the owner of the property and one against their insurance - let the judge decide who pays for it.  It even possible you may have to pay for this as the branch was overhanging your property, but I think one of them is responsible - just not sure which one.  Anyhow, just go to the courthouse and file two small claims actions against them each (you'll need to know the Registered agent of the insurance company for your state to fine against them - google it) it will take maybe a few hours worth of effort to do this, so no big deal.  I'd even go ahead and get 3 estimates for the repairs (to show to the judge) and then get it fixed by the cheapest estimate since you can't really drive it in its current condition for a month.  When this goes to court the judge will then decide who to charge for it, or whether it is indeed your expense.

Answer 2

I'm sorry for your loss.  What's bad about the entire situation is that you weren't provided a simple explanation from the tree owner's insurance company.  If you have insurance that covers "comprehensive" losses on your car, I would file a claim through your insurance company, even if it means paying a deductible, and then let your insurance company "subrogate" your claim on your behalf.  Subrogation means that your insurance company will go against the tree owner's insurance company in an effort to get your deductible and any money back which was paid on your behalf for your damages.  If your company finds that according to local or regional laws  the tree owner is not responsible for your loss, then you'll know whether or not you'll get your deductible back.  Regardless of what you think your car is worth, it still provides or provided you with transportation, and that is worth something.  I wouldn't drop the issue unless you have the money to replace the car.  Good luck!

Answer 3

Talk to the owner and try to reach some sort of settlement.

Answer 4

You need to call your own homeowners or renters or auto insurance company and file a report only claim, ask for advice from there.

Answer 5

i assume you have to sue the owner

Answer 6

It's an act of god thing. You can't sue them b/c there tree fell on your car. Maybe if your city has laws about that stuff but i dough it. I would say just go through your insurance unless it would cost less to bay for it your self.  

Answer 7

The owner of the tree is probably not liable for your damage.  In order to establish liability, you must show that the other party was negligent.  You would have such a case if the tree had been sick or the branch had been damaged for some time before falling.  If the branch broke without any forewarning, there was no negligence and they are not responsible.

Now for the issue of who pays for the car, your insurance company would provided that you had collision insurance, which you may not have had if, as you say that the car was not worth much money