QUESTION
Tree fell on my car. Who is liable?
Asked on May 12th, 2015 on Automobile Accidents - District of Columbia
More details to this question:
Hello, And thank you so much for assisting me! I live in DC. My car got squashed by a fallen tree and was totaled. The car had a liability only insurance. It was legally parked on the public street. The tree was on the land of a private historic estate and museum, but the tree belongs to the National Park Service because they have easement on the property. The insurance agent of the estate claims that it's an act of God and declined our claim. Is it possible for me to get compensated for my loss by either the estate or the NPS? What is a practical thing to do in this situation? Thanks!
1 ANSWER
Insurance & Worker's Compensation Attorney serving Towson, MD
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I believe that you will have to prove that the owner of the land where the tree was located had notice that there was an issue with the tree and that it was foreseeable to fall and damage something. If the tree belongs to the National Park Service you will need to formally put that federal government agency on notice of a claim including timely filing a Form 95 within two years of the incident.
If in fact this incident was an act of god and unforeseeable, then unfortunately you may be without any recourse against anyone to get compensated. Good luck with this matter.
Answered on May 17th, 2015 at 10:32 AM