Is my neighbor responsible for damage to my car?

[truebaca]

What is the name of your state? MA
There is a 4 family rental property across the street from me. There was a tree on the property that was rotten at the base. The tree fell on my car causing 100's in damages. At first the owner said he was going to pay my deductible, now he says he is not because he is not responsible. He said its "an act of god", Im told its not because the tree was visibly rotten and should have been take down. I know the town was told about the tree months ago by other neighbors because of fear it would knock out the powerlines. Do I have the right to make him pay me the deductible? or make his insurance Co. pay my deductible?

 

[What do I do?]

I am not a lawyer, but I found this.

http://www.hwwspc.com/pdf/michigan no fault law - screen.pdf

Kurtigan v. City of Worcester is the case you should review.

It is not an act of God when the tree was rotten and had not been taken care of.

 

[MikeKV]

I am not a lawyer...

...but I believe that if a tree from owner A can be proven to be on owner A's property and the tree falls on owner B's property causing damage then owner A is responsible for the damage. Check with a lawyer. I'd be interested to hear what the results are.

I had to have a (wobbly) tree taken down from my property a couple years ago because I was told that if it fell I would be responsible for any damage caused to neighbors property.

 

[ecmst12]

The property owner's insurance should cover this damage. Your insurance company should be able to go after them for it and if they are successful, will reimburse your deductible.