By me - 01/05/2011 16:31 - United States
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So do like the first reply said take the tree off with a crane when no ones home and can see (or tell on you) and then SUE THEIR ASSES BIG TIME!!! Not your fault that their arogance cost you a car so give them a DOUBLE DOSE of medicine
You don't even have to live in America to want to sue them for that. It's their tree, it smashed OP's car and they are claiming they don't have to pay for it. (which is BS) Now, if it had done something like knock over OP's mailbox but not cause any real damage to property...then you would need to be an American to sue for it. (I say this being an American that has been sued for over $3K for leaving a scratch about the length of a dime on some bitche's bumper.)
How is insurance coverage relevant? I had something similar happen where the other party claimed they weren't responsible because their insurance didn't cover it. By that reasoning I can just cancel all my insurance and claim I'm not responsible for any damage I cause. OP get legal advice, in most countries your neighbours are most definitely responsible for damage caused by THEIR tree.
if the tree blew over in a storm it's considered an 'act of God' and they aren't responsible for it. if the city told them that the tree was unsafe and had to come down, then they would be found negligent and would be responsible. I had a coworker go through the same shit. Your own homeowners insurance might cover it though.
that sucks and swallows
And if you knew anything about Autism, you would realize that they aren't stupid, and they find a specific subject that they are incredibly interested in and learn every single tiny fact that ever existed about that subject, and recall all that information extremely easily. However, they do have a hard time learning other subjects, including social skills.
A tree that obviously needs to be taken down, i.e. neglected, falling on a neighbor's property is the responsibility of the tree owner, regardless of if it happened during a storm and especially if the tree owner had been warned about its precariousness. If a healthy tree is taken down by an act of God, it is the neighbor's responsibility.
I don't know the law; but it sounds like they're talking out of their asses...