Tree smacks 911, insurance question.

[island911]

Background: There were some dead trees on city property next to my driveway. I requested the city take care of these before gravity does. The city contracted a tree removal service. The tree removal service took out two of three; leaving the third as it was leaning away from my property. This was a mistake, as apparently wind forces pushed the tree the opposite direction with the very end hitting the rear deck lid.

So, I’m thinking the city is responsible for damages. Of course they will likely say the tree removal service is at fault.
My other options are the car insurance or home-owners insurance.
Any advice?

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'81 Platinum Metalic SC COUPE

[Jim T]

I don't think the city will deny liability.
Esp. when you had specifically brought it to their attention and put them on notice as to the danger of the trees, AND they confirmed their knowledge by causing some (but unfortunately not all) of the trees to be removed.

The tree removal people are only the agents of the city. The city is primarily responsible.

Of course, if you have comprehensive auto coverage, that will cover you, too.

[This message has been edited by Jim T (edited 08-23-2001).]

[rstoll]

I think the liability will fall upon your homeowners insurance.

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Robert Stoll
83 SC
83 944

[ServerDude]

I'd also agree - your homeowners would take first responsibility and it would be up to them to collect from the city, if they determined it necessary.

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Brian Smith
'91 C2

[Z-man]

I'd have to agree with homeowners being the coverage, since your car was parked on your property. I had a tree smash my shed like an aluminum can a few years back: homeowners insurance covered it no problem.

If a tree falls on a Porsche and no one is there, does the Porsche make noise? :P

-Z.

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My toy: http://www.pelicanparts.com/gallery/Z-man

[Cotton]

No way, guys, on island911's homeowners insurance covering this... it's an auto, not a house! However, had island911 had a neighbor whose tree fell on the car, then the neighbor's homeowners insurance would cover it. But I digress...

Responsible party here is the city. Let them duke it out with the tree service all they want, but bottomline, it's their responsibility.

Call your insurance company (auto)and report the incident. If the city gets testy about it for some reason, you can go ahead and repair the car and let your insurance company subrogate on your behalf. [Subrogation is the insurer's right to collect damages from a 3rd party -- in this case, the city -- responsible for the loss.] In other words, your insurance company can go ahead and pay for the repairs, then go spank the city fathers for not doing what they should have done in the first place!

[island911]

Originally posted by Z-man:

If a tree falls on a Porsche and no one is there, does the Porsche make noise? :P

-Z.

YES! It made a loud, shrieking, crying noise
. . .I'm told it sounded similar to an alarm going off.

Thanks all. Now I need to find a good paintless dent removal guy.

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'81 Platinum Metalic SC COUPE