City Tree Fell on My Car, City won't pay, is city at fault?

[LdiJ]

And it still won't win the case unless you can prove that it had been reported to the city BEFORE the accident happened.

Not necessarily. There are some communities, usually not huge cities, that are very proud of their trees that line their main streets. Those communities sometimes even have specific budgets (drawn from property taxes) for maintaining those trees. In that type of community I would absolutely do my best to hold the community accountable for damage caused by those trees. If there was no storm or anything of that nature that would be considered to be a valid "act of god" then the community is responsible for keeping track of the condition of the trees and maintaining them.

That is very different than when there are trees that happen to be on city/town property basically by accident/default/whatever. That is a completely different scenario.

 

[michaerlscai]

I think I'm going to file a small claims court case, the filing fee is $50 where I live.. You guys are talking like proving a murder case, don't think it's that formal in a small claims court. if the judge side with me I'm good, if not I'm fine with losing $50.

 

[HighwayMan]

You'll be wasting your money and your time unless you have SOMETHING to take into court. Why you're equating any bit of evidence with a murder case is beyond me and just seems to show you're clutching at straws.

 

[michaerlscai]

I guess your advice is worth to me as much I paid for - FREE! You cannot say for certain the judge won't side with me. Lots of internet tough guys here.. LOL

 

[HighwayMan]

You cannot say for certain the judge won't side with me.

If you walk into court with NO evidence to support your claim then yes, the outcome is pretty certain.

You seem to be clueless about how courts work. Yes, even the "less formal" small claims courts.

 

[You Are Guilty]

How to you intend on proving that a branch even fell on your car in the first place? Police report? Photos? (You just telling the judge "a branch fell on my car" will probably not cut it, even in small claims).

Assuming you get past that first hurdle, how do you intend to show the city owned the tree (and it was not on private property)?

So you don't even have to worry about proving that there was something "wrong" with the tree unless you get past these issues first.

 

[tranquility]

I guess your advice is worth to me as much I paid for - FREE! You cannot say for certain the judge won't side with me. Lots of internet tough guys here.. LOL

Just to be sure you have a cause of action at all, when you said you filed a "claim" and it was denied in a letter; do you mean you filed the city's rules under the tort claims act? If so, at least you have standing.

 

[michaerlscai]

I do have the pictures and videos to show the tree branch fall on my car.

The tree is on a sidewalk, and belongs to the city which the city didn't dispute.

Giant branches on healthy trees don't just fall on cars on a perfect sunny day, so in my book it's not act of God. A storm, tornado is act of God, this is a sick tree the city fail to maintain.

So I think there is a reasonable chance I can convince the judge.

 

[Zigner]

... this is a sick tree the city fail to maintain.

Oh, then you simply need to present your proof of this. (I'm pretty sure we explained that to you already)

 

[Indiana Filer]

You said the tree is on the sidewalk. How could a tree big enough to have a branch fall onto a car be growing on a sidewalk? Do you mean, instead, that the tree is growing next to a sidewalk? Who owns that land where the tree is located?

We're not just going to give you the answers you want. We prefer giving legally correct answers here. TellMeWhatIWannaHear.com is down the hall and to the left.

 

[xylene]

Oh, then you simply need to present your proof of this. (I'm pretty sure we explained that to you already)

"Here is a picture of the rotten branch that fell on my car. Here is the rotten tree."

Tree's normally spontaneously eject large parts of themselves?

The city's defense is "We didn't know..."

That sounds incredibly weak. It sounds like the perfect (lamest) excuse for failure to maintain city potentially hazardous city property.

 

[You Are Guilty]

I'm still stuck on the issue of whether the city is even responsible.

Take, for instance, Oakland.
http://www.panil.org/pdf/CityofOaklandSidewalkPamphlet.pdf

The area between the sidewalk and the curb (commonly called the “planting strip”) can be landscaped with plants and trees, or filled with hardscape such as concrete, pavers or bricks
The property owner must repair or remove improvements to the planting strip when they:
. . .
• Include defects that may cause a risk of injury to the public.

(Obviously, other cities may differ.)

 

[Zigner]

"Here is a picture of the rotten branch that fell on my car. Here is the rotten tree."

Of course, that's not what the OP has contended. The OP has NEVER said that the tree or the branch appeared to be rotten.

 

[HighwayMan]

The OP is guessing that there MUST be something wrong with the tree, what else could it be?. Of course it could have been damaged in a prior storm and not noticed.

I'm sure HE didn't go around closely examining any trees he was parking next to.

 

[tranquility]

I hate to reiterate, especially when I agree with the previous posters about what needs to be done regarding any lawsuit, if the OP has not properly filed a claim under the city's rules according to the Tort Claims Act, the city is immune from suit--no matter the facts.