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My tree fell on my neighbor's car during a storm and he said he is suing me for damages. Can I use an act of god defense?

Raleigh, NC |

Is there an act of god defense? He says I was negligent.

The car was uninsured ie liability only so there is no insurance involved.

Attorney Answers 2


I would advise that you notify your homeowner's insurance carrier of the situation immediately and let them get involved.

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There are many issues involved here i.e. whether the tree was a hazard and whether you knew that it was or whether it was an Act of God as you say - he also parked under a tree during a storm which may be contributory negligence - but I would also advise you to contact your insurance carrier and see what they say.

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