Legal Question in Insurance Law in California

Tree falls on car

My son's car was parked on a public street. A large Eucaplyptus branch fell on it smashing windshield and collapsing the roof of the car. It is probably totaled. The tree was on private property. Is the homeowner liable? My son will collect only Blue book value on his car . . .not enough to get a replacement vehicele. Should the auto insurance company battle it out with the homeowner's insurance company?

Thanks for any help.


Asked on 1/02/00, 2:01 am

2 Answers from Attorneys
John Hayes The John Hayes Law Offices

Re: Tree falls on car

Your insurance company will decide whether or not to persue the homeowner. You have an obligation to inform your insurance company of the homeowners policy.

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Answered on 1/03/00, 6:22 pm
Joshua Genser Joshua G. Genser, Attorney at Law

Re: Tree falls on car

The homeowner on whose property the tree was located might

be liable for your son's damages. However, your

son's damages were the value of the car that was

totalled. The Blue Book is a reference guide for

determining the value of the car, and it is, essentially,

a survey of the replacement of costs of cars. Thus,

your son ought to be able to replace the car for the

Blue Book value. Of course, the replacement car

will be used and in condition similar to the pre-

accident condition of your son's car, but it should be

replaceable. Thus, if the auto insurer pays the

value of the car, the only damages for which your

son will not have already been compensated would be

the deductible. Your son might have to make a claim

against your neighbor, perhaps in small claims court,

to collect the deductible.

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Answered on 1/03/00, 8:15 pm


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