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    janna11's Avatar
    janna11 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Dec 8, 2007, 05:50 AM
    Liable
    Is my neighbor liable for damages to my car if their curbside tree falls on my car?
    charlotte234s's Avatar
    charlotte234s Posts: 1,903, Reputation: 143
    Ultra Member
    		  
    #2

    Dec 8, 2007, 06:06 AM
    It depends on where you live, where the car is parked, municipal laws and regulations about parked cars, and probably a multitude of oher things. I would say they are, but the laws may be different where you live. If it happened and you're worried about it, get a local awyer and ask them.
    Curlyben's Avatar
    Curlyben Posts: 18,514, Reputation: 1860
    BossMan
    		  
    #3

    Dec 8, 2007, 06:07 AM
    Unlikely as it could be seen as an act of god.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #4

    Dec 8, 2007, 07:13 AM
    Hello j:

    If your neighbor did anything negligent, he could be held liable... Things like not trimming a dead branch that's just hanging over your car and waiting to break... things like that.

    But, if he DIDN'T do stuff like that, then no, he's not responsible.

    It occurs to me that the curbside tree may belong to the city. Did you check?

    excon
    bushg's Avatar
    bushg Posts: 3,433, Reputation: 596
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    #5

    Dec 8, 2007, 07:38 AM
    Contacting your city hall would be your best options. They would be able to tell you their laws regarding this.
    For example in my neighborhood curbside trees belong to the city, even if you plant them, they are responsible for trimming them. By the same token they can mangle them or cut them down if they feel the need.. Our city has a law department and counsel that takes questions such as yours. By the way I am sure there is something on the books that protect the city.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #6

    Dec 8, 2007, 09:32 AM
    This is a maybe, first was the tree on their property, curb side could well be on city or county right of way land and not part of the neighbors deeded property.

    Next what caused the tree to fall, if you ran into it, of lightning, or did he did not take care of it, which caused it to fall.

    Best thing to do, turn it into your insurance and let them worry about if his homeowners will pay or not
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
    Uber Member
    		  
    #7

    Dec 8, 2007, 10:54 AM
    If the tree in question is actually on their property, then yes. If it's beyond their property lines, then no.
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