Falling tree branch damages a car

[hgolota]

I have parked my car in the drive way in front of my house and huge branch fell and smashed my roof. The tree is in front of my neighbor’s house , between the side walk and the street. Should he cover the damage on my car?

I already made a claim on my insurance , but I still need to pay $500 deductible. Should I try to his home owners’ insurance policy number? What if he refuses to give it to me ? Please help !!

[Mr. Knowitall]

This is in the state of... ?

You may well have a claim for damages, particularly if the tree wasn't being properly maintained. Often your own insurance company would pursue this for you, under principles of subrogation (they would try to recover the money they paid to you from the at-fault person's homeowner's policy), and if you assigned them your right to recovery when you made your claim for coverage you may no longer be able to bring a separate lawsuit - so clarify things with your adjuster. Otherwise, assuming the law in your state permits and your neighbor won't cooperate with your claim against his insurance, you can try to recover the $500 in small claims court.