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Is a Tree Trimming Company Liable for Damage to Your Car from a Falling Limb

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  • 04-21-2017, 10:32 AM
    IamWill80
    Is a Tree Trimming Company Liable for Damage to Your Car from a Falling Limb
    My question involves insurance law for the state of: Florida

    I was driving through the parking lot at my fiances apartment complex when a very large tree branch fell and totalled my car. The HOA hired this company to trim the trees however they didnt rope, cone or block their work area off. The HOA is denying any responsibility, and the tree company's Ins. is only willing to pay 50%. They claim I knew they were working (workers seemed to be on break at the time as they were napping in the grass. Area was open and not cone off so i didnt know.) Shouldnt they pay 100% of the replacement? This does seem right. What say you?
  • 04-21-2017, 10:47 AM
    flyingron
    Re: Tree Fell on Car
    You should file a claim against the tree company. You are not entitled to 100% of a replacement, just fair market value of your vehicle.
  • 04-21-2017, 10:57 AM
    budwad
    Re: Tree Fell on Car
    If you have Comprehensive insurance on the car, file a claim with your insurer and let them handle it.
  • 04-21-2017, 11:50 AM
    adjusterjack
    Re: Tree Fell on Car
    Quote:

    Quoting IamWill80
    View Post
    My question involves insurance law for the state of: Florida

    I was driving through the parking lot at my fiances apartment complex when a very large tree branch fell and totalled my car. The HOA hired this company to trim the trees however they didnt rope, cone or block their work area off. The HOA is denying any responsibility, and the tree company's Ins. is only willing to pay 50%. They claim I knew they were working (workers seemed to be on break at the time as they were napping in the grass. Area was open and not cone off so i didnt know.) Shouldnt they pay 100% of the replacement? This does seem right. What say you?

    If your car's Actual Cash Value is $5000 or less you have the option of suing in small claims court. If it's worth more than that you will have to sue in a higher court. Either way you will have to prove (not just say) that the defendant was 100% at fault.

    If you have comprehensive coverage I agree with the others that you should make the claim on your own policy.
  • 04-21-2017, 12:34 PM
    flyingron
    Re: Tree Fell on Car
    Failing to see how they aren't at fault. If you're trimming trees and you don't make sure that your trimmings don't fall on people of vehicles, you're pretty danged negligent.
  • 04-21-2017, 01:07 PM
    adjusterjack
    Re: Tree Fell on Car
    Quote:

    Quoting flyingron
    View Post
    Failing to see how they aren't at fault. If you're trimming trees and you don't make sure that your trimmings don't fall on people of vehicles, you're pretty danged negligent.

    True.

    But if you can't get the trimmer's insurance company to pay in full you're left with few options.
  • 04-21-2017, 01:29 PM
    Mr. Knowitall
    Re: Tree Fell on Car
    Quote:

    Quoting flyingron
    View Post
    Failing to see how they aren't at fault. If you're trimming trees and you don't make sure that your trimmings don't fall on people of vehicles, you're pretty danged negligent.

    I agree with that. If the parking lot is open to traffic and a limb falls on a car, then I am hard pressed to come up with a basis to blame the driver. It seems reasonable safe to infer, however, that the tree trimming company is going to argue that it was actively trimming trees at the time of the incident -- it seems reasonable to infer that the limb didn't fall as a matter of sheer coincidence while the workers were on break.

    If I were to take this to small claims court, I would consider bringing a case against the HOA based upon principles of vicarious liability, along with the tree pruning company.
  • 04-26-2017, 01:04 PM
    IamWill80
    Re: Tree Fell on Car
    I would like to thank you all for the advice and taking the time out of your days to reply... Thank You!
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