My question involves real estate located in the State of:CA
During January we had a few big storms here in Fullerton California. During one of the storms the big street tree owned by the city fell on top of a car parked in front of my house and totaled it. I called the Fullerton PD to see who is responsible and she said the city is if it is in the parkway. A city worker came and assessed the situation, the Fullerton CSI took pictures, and the city arborists cut up and took away the tree. The police told us the car owner needs to file a claim with the city. He did so and after waiting about 30 days they denied his claim saying it is an ACT of GOD the tree was healthy. He has full coverage car insurance and they also denied the claim because it was an ACT of GOD. I rent his house from a relative so I asked them to find out from homeowners insurance if they will cover the totaled car. The homeowners insurance told her they do not cover vehicles.
The last 3+ years Ca has been in a drought so the city only allowed us to water our yard 2 times a week, The tree was still very green and healthy. I believe the tree roots became weaker because of less water and during the storm the ground caused soggy soil causing the tree to fall.
I would believe the car would be covered by at least one of them....ther city, car insurance, or homeowners insurance. Who is legally responsible to pay for the car that was smashed? Please lead me in the right direction. Thank you!!!
During January we had a few big storms here in Fullerton California. During one of the storms the big street tree owned by the city fell on top of a car parked in front of my house and totaled it. I called the Fullerton PD to see who is responsible and she said the city is if it is in the parkway. A city worker came and assessed the situation, the Fullerton CSI took pictures, and the city arborists cut up and took away the tree. The police told us the car owner needs to file a claim with the city. He did so and after waiting about 30 days they denied his claim saying it is an ACT of GOD the tree was healthy. He has full coverage car insurance and they also denied the claim because it was an ACT of GOD. I rent his house from a relative so I asked them to find out from homeowners insurance if they will cover the totaled car. The homeowners insurance told her they do not cover vehicles.
The last 3+ years Ca has been in a drought so the city only allowed us to water our yard 2 times a week, The tree was still very green and healthy. I believe the tree roots became weaker because of less water and during the storm the ground caused soggy soil causing the tree to fall.
I would believe the car would be covered by at least one of them....ther city, car insurance, or homeowners insurance. Who is legally responsible to pay for the car that was smashed? Please lead me in the right direction. Thank you!!!
Vegetation: City Street Tree in My Parkway Falls on Friends Car During the Storm. Who is Liable
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