So, huge pepper tree just fell and smashed our cars in the driveway

[K8-EEE]

So I'm in a pissed off mood but trying to be all "well at least none of us were out there" type thing about it.....so sad for my daughter because she just got a "new" 10 year old car last week, because it is older and she is a new driver & we are paying the ins. we only got liability on it. Arg.

[grasswire]

1. homeowners ins?

Would that cover it?

Sorry.

I didn't know pepper trees grew big.

[K8-EEE]

2. Meh it's looking "Act of God-y" from the research I'm doing

But I guess I will call them tomorrow and ask just in case.....crap we've been paying that homeowner's ins. for 20 years it should be good for something!

[sammytko]

3. Our insurance paid for a whole new roof and tree removal when a big limb

fell on just part of the house. The inspector went up on the roof to look around and found hail damage. It probably happened when we were living in Oklahoma. He also found loose tin on our detached garage roof also and paid to have that repaired. So from one limb damaging the corner of the house, we got two new roofs.

We have insurance with Germania -

[K8-EEE]

4. Oh thank you for that, mine is State Farm and they did open a claim

Without telling me what would be covered -- they are sending an agent over later.

[Maine-ah]

12. I've been with SF for 16 years

they have been nothing but good to us. My insurance just dropped again. $65 a month for two vehicles, full coverage, and we have our house insured with them as well.

[pitohui]

18. i had allstate and they rebuilt my entire house even tho the tree was not mine

they chuckled at the idea of trying to collect from a public utility, even tho it was obvious where the tree fell from

they didn't give me a hard time at all and the contractor assured me that the law is clear, the insurance company could not have gotten out of paying by saying it was someone else's tree, so sue them...

[Old Troop]

15. I recommend you call them.

[Richardo]

5. I made a call to my insurance company on this matter...

...if it died from disease, there's coverage. If it's wind-related, there is coverage. If from drought (which is the case for me), no coverage. :eyes:

[K8-EEE]

6. Oh wow I think it was both wind and disease Also, a city tree

The tree is actually on city property (on the street) so we wouldn't be liable for that right? It was still green but now that it's uprooted we can see it had root disease of some kind.

Wow sorry about that drought exception though!! That's how I felt about doing our sewer line -- $12,000 and not covered by homeowners! It turns out there is a additional policy most sell and it's only like $40 a year or something, who knew? Hopefully someone will see that & not make my mistake...

[Major Nikon]

7. Maybe not

If you own a tree, you can be responsible if damage results from improper upkeep. Large trees generally need to be pruned in order to keep them from getting too top heavy, and if the tree was diseased it should have been treated or removed. A good arborist would be able to give you a professional opinion, but if the tree has already been removed you might be SOL.

[K8-EEE]

8. Yes but the tree is on city property -- not ours nt

[Major Nikon]

9. That's what I'm saying

If the tree is on city property, they own it. Therefore they would have responsibility for it just like anyone else.

[pitohui]

17. no one owns a tree under insurance law

all she is going to accomplish by suing the city is to get someone at city hall mad at her so they'll be giving her tickets every time she goes for a drive

my entire house was crushed by a tree owned by a public utility, and the final answer was that no one owns a tree

you have to collect under your own insurance coverage for a tree fall, and blaming others just causes more hassle and bad feeling, the city doesn't owe you a dime

if the law was otherwise, no city would tolerate a tree w/in city limits because of the insurance liability

"no one owns a tree" is the price we pay for having trees at all

a ten year old car is of little value and can prob. be replaced for a few thousand dollars, so this is not really a matter worth getting embroiled in a lawsuit (which you will lose) that goes on for years and creates bad feelings

if you doubt this advice, stop asking on DU and ask a local lawyer who works on liability issues IN YOUR COUNTY OR PARISH

[Major Nikon]

24. This is certainly not the case everywhere

I've lived in two different areas where the city most certainly did own the trees on city property. Not only that but the city that I live in now has a program where they periodically inspect all their trees and prune them as necessary. The very reason they do this is to limit their liability. It's not different than your neighbors tree causing damage to your property. If they properly maintained their tree, it's going to be considered an act of god. If they fail to maintain their tree, they could be liable for any damage it causes. The city doesn't get a pass on this just because they are a municipality. And you don't have to file a lawsuit to receive compensation from the city. All that may be required is filling out a claim. Walk into city hall, fill out a form, and wait for their answer. They may or may not pay, but the most you are out is a little bit of time spent filling out the form.

[MrsBrady]

10. I would have a reputable contractor give you an

estimate on the damage before bringing out the insurance company.
and you CAN do this.

or have the contractor there with the insurance adjuster.

it's the adjuster's job to pay out, but to try to keep losses to a minimum. just remember that.

[Xithras]

11. If it's a city tree on city property...

1) Call your insurance agent and find out what, if any coverage they will offer for the damage.

2) File a claim with the city for any difference between what your insurance covers, and what the actual damages are. If the cars are totaled and your insurance won't cover any of it, file a claim for the full replacement value of both vehicles. You also might want to claim any added expenses for rental cars until your cars are repaired or replaced. If your insurance covers them partially, file a claim for the difference. In most cities, damage claim forms are available upon request at the city Clerk's Office. They will evaluate your claim, and either deny it or cut you a check. Note that they WILL check the value of your car, and even if they recognize your claim, they'll deny it if the number is too high. Also, if your insurance company is paying for part of it, you'll want to avoid double dipping. Your insurance company will probably file a claim with the city as well, to try and recoup their losses on the payout. The city attorneys will know exactly how much you've already collected.

3) If they refuse to pay, call a lawyer. The city won't be able to avoid responsibility for damages caused by a city tree on city property, especially if you know that the tree was diseased. They may play hardball about it, but they'll pay.

FWIW, my wife (then girlfriend) had a huge tree limb come down on the hood and roof of her car back in the mid 90's, while she was parked in a city parking lot. The city initially tried to duck responsibility by claiming that it was an "act of god", and then by pointing to the disclaimer on their parking card claiming that they weren't responsible for damage or theft, but fell inline pretty quickly one my father-in-law hired her a lawyer. After that, there was just a bit of haggling over the dollar amounts. She had a check in hand about six months after her car was crushed, and ultimately didn't lose a penny. The city paid for everything including her four month car rental (she didn't have the money to buy another car for a few months), and the cost of her lawyer. While they didn't make things easy, there was no way they were going to let it go to court as they were clearly liable (in her case, the tree was infested with mistletoe, diseased and weakened, and was clearly unsafe.)

[K8-EEE]

16. It's a city tree, but not city property -- fell on my driveway

I'm definitely filing a claim and I'm really NOT trying to rip them off -- I had just purchased the car that week from my sister she gave me a bargain price at $4,000 AT LEAST they could refund that. We only had the car for 5 days!

[pitohui]

20. oh boy

please stop posting on DU and talk to a lawyer in your county or parish

it is not the fault of the city that a tree fell on a car you didn't think was worth insuring, it's just bad luck

[pitohui]

19. was it a green tree?

then it wasn't diseased

the person says they think it was wind and disease...so it was wind, it wasn't disease

c'mon, this is straightforward law

the city is not gonna pay, all you're gonna do is create trouble for the poster by creating a false expectation, esp. if they're under stress and start yelling about lawsuits...you can get an officer out there every day to measure their grass and ticket them if it's too long, you can get an officer out there every day to give them a ticket if they go five miles an hour over the speed limit...

if you were city hall and some person started saying they were going to sue you, how do you discredit that person fast? right...you find ways to ticket/arrest them until they figure out their life is going to be ruined if they don't get reasonable

right now we have a tree fall on a 10 year old car

let's not make it more than that

[K8-EEE]

22. LOL for people who don't know ANYTHING ABOUT THE HISTORY OF THESITUATION....

THERE SURE ARE A LOT OF EXPERTS ON IT! I tell you one thing, if it was a tree on my property that fell on a city vehicle I'd be liable for sure.

[LeftyMom]

23. Oh, that poster's an expert on everything.

This is positively tame. :eyes:

You live in different states, no doubt the laws are different in any case.

[whistler162]

13. You must have pissed Charles Alderton off.....

after all today is he introduced Dr. Pepper! So a Pepper tree falling on your cars must be retribution from him against something you did. ;)

Glad everyone is safe.

[BlueIris]

14. Ohhhhh, that sucks. That happened to a neighbor of mine in 2002.

Brand new corvette and a tree just came down right on it, smashed it as effectively as it could have been smashed. And I had been thinking about parking on that same side of the street the previous day, too.

[shanti]

21. oh no, not the pepper tree!

big old pepper trees used to be very common in so cal. my grandparents lived on a ranch in costa mesa with a huge pepper tree and i remember it so...

sorry to hear about your daughter's car though. :( transportation is a must in LA, and to lose it is awful.

[ellisonz]

25. Is it off yet?

;-)

Hey, laughter's all you got sometimes.