Public Tree Crushes Mercedes - PeachParts Mercedes-Benz Forum

BENZ-LGB · #1 04-21-2007, 12:56 AM

Quote:

Originally Posted by Kestas

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.

That is not correct.

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.