Legal Question in Personal Injury in California

Re: If my tree falls on a neighbor's car

Unless your neighbor came onto your property and cut the tree down onto his own car, you will remain liable. Contact your homeowers insurance company. If you're not covered, then cancel your next vacation and pay for the damaged instead.

Re: If my tree falls on a neighbor's car

I respectfully disagree with Mr. Lupoff. If an earthquake occurs and your tree falls, you are not responsible. If we have 100 mph winds, you are not responsible. If some vandals come, you are not responsible. The first two are "acts of nature" also known as "acts of god." You are not responsible for those. The last one is the responsibility of a 3rd party. There are times when you would be responsible for the acts of a third party, but not always. If this happens, report it to your insurance company immediately.

I talked about this more in depth a few months ago on my blog, www.calpiblog.com

Re: If my tree falls on a neighbor's car

There is no strict liability for a tree falling on a neighbor's car. If you were negligent in the care of the tree you may be liable if your negligence caused the tree to fall.

Your homeowner's insurance has a duty to investigate, to defend you and, if you are found liable, pay the damages.

An arborist could inspect the fallen tree before it is destroyed to determine why it fell.