Tree fell on my car

[peteo]

What is the name of your state? Mass

Hi, a few days ago a dead tree fell on top of my car.
I have basic insurance on my car so my car insurance will not cover the damages. The tree was on an apartment complex where I have residence. The place where I was parked was not owned by the apartment complex. I talked to The owner of the complex, who also saw that the tree fell on my car. He gave me his insurance company. Heres where the fun begins.

First they want me to get 2 damage appraisals, and they will NOT send any one out to look at the car. (can they force me to get 2 appraisals?)

2) They said if the car is totaled they will only pay 75%, that is of course if its proven that a tree hit my car and they are at fault

3) They want to see where the car was parked (like it matters) and it will take them a week to do this.

4) As of right now they don’t be live their client is at fault.


Now I talked to people who live in a house behind the complex. Their fence also got hit by the tree. They said that the told the complex owner a year ago that their landscaper said the tree was dead and should be removed.

The complex owner seemed really nice and wanted the situation taken care of, but his insurance company is being very hard to work with.

So what is your take on this, should the insurance company pay for the damage? Does it matter where my car was parked? (Been parking there for 5 years)
Is it lawful for them to only pay 75% of the totaled value (it sis not car insurance that is paying for this).
Is it normal for them to request 2 appraisals and not do one of their own?

 

[JETX]

If the owner of the tree knew, or should have known, that the tree was dead or diseased and constituted a hazard, they are liable for the damage caused due to their negligence.

Everything else (estimates, value, claims, etc.) is purely up to the companies and parties involved. For example, if they want two estimates, get them two estimates.

 

[peteo]

Thanks for the reply JETX.

Should I have them pay for the estimates? ( I think the car might be totaled).
Also what about the 75% value stuff(is this a law?). Does the same hold true since it is home owners insurnace paying for it and not car insurance? Also does it matter where I was parked?

Thank you

If the owner of the tree knew, or should have known, that the tree was dead or diseased and constituted a hazard, they are liable for the damage caused due to their negligence.

Everything else (estimates, value, claims, etc.) is purely up to the companies and parties involved. For example, if they want two estimates, get them two estimates.

 

[peteo]

Update

Well My car Was deamed totaled today.
Right now I have it sitting in a garge which cost $20 a day. I plan on adding that to the cost of the tow and the estimates. Even thought the car was totaled the 3rd party insurance still wants me to get 2 estimates so I have to pay to get some one to come and look at it(they will not send one). I will give that charge to the 3rd party insurance.
The 3rd party insurace is not being to helpful.

Ive got a signed letter from the owner of building behind the aparment that says they called the aparment owner a year ago and told them about the tree.

Im goign to ask for the total blue value for the car. I doubt they will give it me. But I better start high.

Seems like and open and shut case. Hopefull with all this stuff they will settle.

 

[peteo]

What is the name of your state? Massachusetts

I posted here a few weeks ago heres whats going on now.

A dead tree fell on my car. I have a letter that the next door neighbor sent 8 months ago to the property owner where the tree was asking them to remove the tree. The property owners insurance company is denying the claim, saying I was parked illegally on their property(I think they admit the tree should have been removed). Never mind the fact that I've been parking there for 5 years, there are no signs saying not to park there and the first thing the property owner said when I talked about the tree was your car is NOT on my land. I also rent an apartment from this property owner.

Does it really matter if my car was parked illegally? I've heard there is a 50% liability law in Massachusetts, will this work in the case? Do I have a legeal leg to stand on? Is this worth pursuing? The car is totaled, 10,000 to fix

 

[peteo]

any one know if this would relate to my case?

Comparative Negligence: MA is a partial
comparative negligence jurisdiction. Comparative negligence completely bars
recovery ONLY when the defendant's negligence exceeds the total negligence
of all the defendants. Thus, the plaintiff may still be 50% negligent and
still recover.