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Damage from Falling Tree

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C

Craig Ferris

Guest
What is the name of your state? What is the name of your state? Ohio

During a wind/rainstorm, a neighbors tree fell on my parking pad, damaging my boat, an antique car, and another car. The tree had been leaning toward my house, but I had not mentioned it to my neighbor, nor do I have any pictures to show the lean of the tree. There was some rot evident in the tree after it had broken and fallen, but it was not evident before the tree had fallen. The insurance on the car paid for the damage, about 2000 after the 500 deductible. The damage to the antique car and the boat would not be paid by either insurance company, both claiming it was an act of nature. There was no insurance on either the antique car or the boat. My insurance company, State Farm said my homeowners insurance didnt cover these items, that they would only have been covered if they were in the garage, and the tree had fallen on the garage, and that resulted in the damage to them.
Damage to the boat and its trailer is of the order of $1400. Damage to the antique car is to the right front fender, my own estimate for repair or replacement is about 800. The other expense to me as noted was the $500 deductible on the car insurance policy.
Is the property owner where the tree fell from liable for the damages ? The accident happened about a year ago, and I talked to him about it, and to both insurance companies about it, but filed no written complaint. If he is liable, can I still collect for the damages ?
Thank You.
 


JETX

Senior Member
"Is the property owner where the tree fell from liable for the damages ?"
*** Based on the information in your post ("There was some rot evident in the tree after it had broken and fallen, but it was not evident before the tree had fallen"), no. The only way that the owner would be liable was if the tree was known to be a hazard (dead, diseased, etc.) and the owner was negligent in not taking care of the risk.

"The accident happened about a year ago, and I talked to him about it, and to both insurance companies about it, but filed no written complaint. If he is liable, can I still collect for the damages ?"
*** See above.
 

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