This is a church parking lot & pine comb in question was still very green. I have eyewitnesses that saw it fall & said it literally exploded my rear window & ripped the top. I have estimates of $1200 to $1500 since both the window & top come as one piece. I do not have comprehensive insurance being I am out of work. Church at first said they would pay & then said they wouldn't. I have pine comb which looks diseased. Who is responsible to pay for the repairs. I had only been parked for about 5 minutes when this happened. My car insurance said they are not liable to cover damages even though I have collision insurance. I parked under the tree because it's for handicapped. I'd have been hurt if I'd been in car. I've been without a car cause I can't afford repairs. What can I do?
Matters dealing with trees are very difficult. In this case, you are probably out of luck as far as making the church pay. Normally, you are going to have to repair your car. What might have happened doesn't matter in this situation. I don't think there is much a lawyer can do for you. I am sorry about your problem. Good luck.
The information provided should not be considered legal advice. I am not licensed to practice in any State other than SC. The results of your case will depend on the presentation of evidence, the law and other factors that may change depending on an in depth analysis of the facts of the case. Please see an attorney before making legal decisions.
Well you have a tough row to hoe. Try small claims court. The fundamental problem here is that you have to show the church was negligent; ie, they were unreasonable in failing to take steps to prevent the pine comb from falling. My impression is that this is just dumb luck. Talk to a local attorney and see if any are interested in taking your case.
Best of luck,
The answers on this discussion board are general in nature and NOT intended as legal advice. Responding to questions does not constitute an attorney-client relationship. Always see a lawyer about your individual situation.
You have to show the church was negligent and the negligence caused the damage. If you could prove the tree was diseased, or there were prior incidents with pine codes falling off damageing cars, perhaps you can prevail. Tree experts are expensive to hire. You can try suing in small claims court where it is inexpensive and fast. You still need to prove negligence, so dont think just walking in there and telling the story will convince the judge. You might check with the city, county, state to see if there are any guidelines or recommended rules etc for placement of handicap/disabled parking spots vis a vis trees. If they violated such rules, that would help your claim.
Good luck. Unfortunately, this is not a case I could take on contingency, and it wouldnt pay for you to pay on an hourly basis, even if you could afford to.
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