A few wks ago a huge tree fell in the middle of the night from my neighbors yard totaling mine and another neighbors vehicles. There wasnt any inclement weather and the tree limbs had been falling in the months prior causing power outages etc. The homeowner reached out to me in July advising she was having the limbs cut so it doesnt damage our vehicles but the entire tree fell since then. I now have to replace a car, pay rental car fees etc due to no fault of my own. How can we be paid back for the expenses we are incurring?
If the tree was dead, and was a known hazard, the homeowner has liability for failure to exercise due care to remove the tree. If the tree was green, the homeowner would have an Act of God defense. If you have comprehensive and collision insurance coverage, you should turn this claim over to your insurance company.
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