QUESTION

During Hurricane Irene, my car (which is paid off and only is covered by liability) was sitting in my driveway when a tree had fallen onto our garage,

Asked on Nov 20th, 2011 on Automobile Accidents - Connecticut
More details to this question:
being worried about it falling onto my car, I had moved my car to a different part our of driveway, and about 15 minutes later, our neighbors tree had fallen onto the roof and hood of my car. After assessing the damage it was ruled that my car was considered totaled. I approached my neighbors about their homeowners insurance to cover my car, and they brushed it off telling me their homeowners does not cover it. Nothing has been done to my car and they live life as if nothing ever happened, leaving me driving around with a totaled car and no way to get it fixed. Do I have a case as far as small claims court? Or do I have any kind of option as far as legal action goes? The neighbors were told the tree had to come down prior to the storm because of the hazard it posed and yet did nothing about it. Please Help!
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1 ANSWER

Personal Injury Attorney serving Orinda, CA
4 Awards
Yes you do have a case. First of all their homeowners insurance will cover cover this, based upon the facts you presented. So it seems that they are not being honest with you. I suggest that you tell them that you are going to pursue this in court and that their insurance company is not going to be too happy with them if they find out about this as part of a small claim suit rather than the neighbors reporting the claim. Either way you should be able to collect every penny.  Good Luck
Answered on Nov 20th, 2011 at 7:31 PM

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