City-owned Tree Busted Daughter's Windshield

Hugh R · 07-21-2005, 03:23 PM

Last week she was driving down a city street and a BIG branch fell and destroyed her windshield and put a dent in the front fender. We've put a claim in to the city, but their Risk Management people are saying if the tree was maintained and trimmed periodically then the branch breaking was an "Act of God" and they won't pay. $1,500 to fix the car, we've got comprehensive insurance and this probably won't raise our rates, but is this generally true. If a branch from a tree on my property fell and hit someones car on the public roadway, I'd probably be libel, act of God or not.

BlueSkyJaunte · 07-21-2005, 04:05 PM

Erm...you'd be liable, not libel. Subtle difference.

That aside, why is it that governments get a free pass for this kind of *****? Ask old_skul about his former daily driver...

pbs911 · pbs911's Garage

Maybe you can show the city had knwoledge of the tree committing similar acts and failed to remedy the hazard.

Moses · 07-21-2005, 04:14 PM

Have the tree arrested and taken to a horticultural penal institution. This sounds more criminal than civil to me.

ronin · 07-21-2005, 04:29 PM

definitely. I smell felony assault

Hugh R · 07-21-2005, 05:18 PM

Well I sure libeled that tree, called it all kinds of things!

URY914 · URY914's Garage

Look man, $hit happens.

Be glad she's alive and get the car fixed.

Sometimes you can't blame anyone and you just have to deal with it yourself.

Moses · 07-21-2005, 05:49 PM

I'd prune that tree within an inch of it's life and make it beg for mercy. "Do I need to get the WOODCHIPPER? Huh? I CAN"T HEAR YOU!"

bryanthompson · bryanthompson's Garage

Would the city be saying the same thing if someone was injured because of the branch? They seem to have conflicting standards

mikester · 07-21-2005, 06:28 PM

It's like being a good neighbor - apparently the City isn't. I think I would start writing folks including the newspaper. I would also ask for the documentation that explicitly states this "Act of God" crap and remind them that there is a presumed separation of church and state. =-)

island911 · 07-21-2005, 08:22 PM

Hey Huge, I had a very similar experience. Full thread.

The city had recently cut suspiciously leaning trees (leaning a llittle left, IIRC)

But had left a few others.

So, what I'm saying is; just because some pruning is done regularly does NOT mean it has been done right. (that is key, IMO)

Anyway, the city paid mine with little issue.

Hugh R · 07-21-2005, 08:51 PM

Quote:

Originally posted by mikester
citly states this "Act of God" crap and remind them that there is a presumed separation of church and state. =-)

I like it!!! That's a great argument before the city council!!