Tree Fell On Car

Back in August, a neigboring property's very large tree fell into the parking lot of our apartment complex damaging 5 cars. Unfortunately, ours was one that was totaled. The owner of the property claimed to his insurance company that he was not at fault and that it was an act of nature. The insurance company took his side despite the fact that the renter of his property claims that many of the trees suffered from dry rot and that another large tree had previously fallen towards the house she rented on that property. From what I understand, his insurance company did not take this into account since they felt the renter was probably bitter towards the landlord (owner) for putting the property on the market, resulting in her having to move.

I have a small claims court date later in the month to address this matter. My question is this: what type of compensation, if any can I expect? I am claiming the value of the car plus loss of wages for my husband, who used the car for work (not totalling more than $5,000 all together). I have heard that we may not be able to collect for loss of wages. If we can, what sort of supporting documentation do we need to prove this is so? We reside in California.

Thank you for any info you can provide.

My response:

Lost wages are out - - you could have mitigated your damages for lost wages by renting a car. If you didn't, you eat the lost wages. Damages for your time in going to court are out - - exercising your rights of redress are never compensable.

You are entitled to the fair market value of your vehicle on the date of loss, only.

You're going to need proof for both:

1. The value of your vehicle.

2. That the tree suffered from dry rot and that the owner knew of the same. Hire an arborist to inspect the tree and bring him / her to court with you. Written reports and statements will not be accepted into evidence.

IAAL