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#1
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Public Tree Crushes Mercedes
A tree just crushed my beautiful car! It is publically owned and maintained by the city. It seems that they should pay for the damages. I only had liability because it was so old but if the city had done thier job i would still have my car. Any helpful input about what route to take?
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1985 300TD mercedes Diesel. |
#2
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I know only that when a 200 year old oak tree fell through my house from the neighbor's backyard, my insurance agent clearly said that I had no claim against my neighbor. It is classified as an "Act of God" or some such terminology. My insurance covered the damage.
Good luck getting the city to pay you. Steve |
#3
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In the UK, whoever owns the land is liable for the tree, insurance or not
I wish you the best of luck. I'm sure it'll work out in the end. One piece of universal advice I can offer is never, ever to accept the first offer they make. |
#4
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Call An Attorney
Call a local Attorney. While most won't want to get involved with a small property claim if you can find that the owner of the tree was negligent in maintaining it you can collect damages against them. If the tree was dead or diseased for a good deal of time and was neglected you might have a case but of course it all depends on the laws of your area so calling your local Attorney might be your best bet.
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#5
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I'm not an attorney. I believe this will be treated like pothole damage to a car. Unless you can prove that the city knew of the dangerous limb on their tree for at least a month before the incident, they will not take responsibility for the incident.
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95 E320 Cabriolet, 159K |
#6
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It does seem unfair, but that's my understanding, too. I recently cut down some tress I was afraid might fall on my neighbor's house. If they had done so, I would not have been liable for the damage. I try to be a good neighbor, though. I would have felt bad about it.
The city probably does not really care about your car. Sorry to hear about your situation, though. What city are you in? Some city can barely take care of themselves, let alone be responsible for their own negligence.
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" We have nothing to fear but the main stream media itself . . . ."- Adapted from Franklin D Roosevelt for the 21st century OBK #55 1998 Lincoln Continental - Sold Max 1984 300TD 285,000 miles - Sold The Dee8gonator 1987 560SEC 196,000 miles - Sold Orgasmatron - 2006 CLS500 90,000 miles 2002 C320 Wagon 122,000 miles 2016 AMG GTS 12,000 miles |
#7
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that should fall under the comprehensive coverage of your car.
good luck. |
#8
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Quote:
Speaking of potholes I have been able to recover damages on my personal cars for pothole damage. In business school somewhere they must teach a class on how to lie and deny responsibility. Attitudes change somewhat when the Sheriffs department shows up and serves the paperwork and you would be amazed how friendly and helpful people get when they are trying to slither out of a lawsuit by setting out of court. |
#9
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Falling trees
Quote:
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Roger E. |
#10
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Quote:
If the tree is on city property then the city is liable for any damage it causes. The city does not need to have prior knowledge of the tree's condition. I would suggest filing a claim with the city for the damage to your car. Document all your damages and make sure that all communications with the city's officials are in writing. If you have a telephone conversation, send a letter to confirm the subject of your conversation. Do not hire a lawyer at this point. It will cost you too much (lawyers willnot take this on a contigency fee basis). Hire a lawyer only after all otehr avenues have been exhausted. The city has insurance for these types of occurrences. Most likely you will be dealing with the claims adjustor for the insurance company. Good luck my friend.
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Current Benzes 1989 300TE "Alice" 1990 300CE "Sam Spade" 1991 300CE "Beowulf" RIP (06.1991 - 10.10.2007) 1998 E320 "Orson" 2002 C320 Wagon "Molly Fox" Res non semper sunt quae esse videntur My Gallery Not in this weather! Last edited by BENZ-LGB; 04-21-2007 at 01:04 AM. |
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