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Old 05-06-2017, 11:15 AM
 
1 posts, read 664 times
Reputation: 10

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I reside in San Antonio and was working on my car under the hood doing regular maintenance. Under a tree I normally park so I am out of the sun. When I finished I closed my hood and went in my apartment. It was getting a bit colder and windy as well. No sooner than I sat down, less than 2 minutes, there was a pounding at my door. I opened it to find my neighbor frantically telling a tree had fallen on my car. I grabed my phone and ran to check. Low and behold a large limb had broken and had fallen on my car! I could not see the damage due to the all the limbs and leaves. I took some pictures and gathered several of my neighbors that had strength. Came upon a game plane to remove the limb. It took six men to partially lift it so I could drive it out from underneath. I took pictures of the damages and spoke to the apartment manager the next business day. I could have been killed!
They stated they are not covering due to "Act of nature". The tree is diseased or dying. Half is dead and another part has leaves the branch that fell had leaves. I have Liability and no renters. So I am not covered.
I feel they should cover my damages to my vehicle. The tree has never been maintained. Never been trimed or cared for. Is the Landlord of my apartments Liable for damage to my vehicle if so How do I go about filing? Damages are about $5100.00 car is driveable.
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Old 05-06-2017, 11:26 AM
 
Location: New Braunfels, TX
6,257 posts, read 8,985,070 times
Reputation: 6341
You'd have to hire an attorney and sue for damages. Not much of a chance of winning.
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Old 05-06-2017, 11:34 AM
 
Location: San Antonio, TX USA
5,159 posts, read 9,669,921 times
Reputation: 7949
If you have comp coverage, this would be covered under your auto insurance. Other wise you are SOL
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Old 05-06-2017, 12:56 PM
 
9,866 posts, read 3,926,184 times
Reputation: 24899
I think your chances of winning are fairly good, if the tree is dead or obviously dying. This isn't an "act of God", it's a tree decaying and falling over on their property. Onto your car, and as you state, it could easily have been on you instead.

You can file in small claims court if you are seeking less than 5K - so you could get repair estimates and then ask for 4,900. You won't need a lawyer.

Were you parked in a legal parking place?

Google "how to file a small claim in Texas" and get started. The problem is, you will need to be able to prove the tree would have looked like it was a danger to a reasonable person, and that the apartment management neglected an obvious danger. Which will be somewhat of a hurdle because you park there often and you yourself didn't notice the danger. You will also need to prove that the tree was, in fact, diseased or dying.

Last edited by ClaraC; 05-06-2017 at 01:12 PM..
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Old 05-12-2017, 09:08 PM
 
Location: In Sticky San Antonio TX
1,439 posts, read 2,545,243 times
Reputation: 1740
"The problem is, you will need to be able to prove the tree would have looked like it was a danger to a reasonable person, and that the apartment management neglected an obvious danger. Which will be somewhat of a hurdle because you park there often and you yourself didn't notice the danger."

You would be better off selling flying rugs. There is no lift to the argument. The wind is the act of G-d that caused the tree to fall over. It could have been healthy or sick and could have stayed there for 100 more years were it not for the shift in weather. You could even prove a hurricane or tornado came through...

Here is the linchpin - you are arguing two sides of the same issue: a reasonable person would notice, but you didn't notice. Save face and don't try this in court.
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Old 05-14-2017, 09:52 PM
 
Location: Texas
2,330 posts, read 6,257,717 times
Reputation: 1590
I agree... you don't have a snowballs chance in hell in winning this one. If you didn't even notice that the tree was old and diseased you cant prove that anyone else would have. Trees grow and die. Part of your duty as a renter at the complex is to notice stuff like that and bring it to the management's attention. You didn't heck you didn't even notice it. This is an act of nature. File it under your comp plan for insurance.. unless you don't have it.. and in that case you will be SOL. You can attempt to sue as ClaraC stated but I am pretty sure based on that fact you didn't even notice it.. you will lose.
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Old 06-08-2017, 04:25 PM
 
Location: Dallas, TX
4 posts, read 1,117 times
Reputation: 10
Typically, whoever's property the tree is on is responsible. Even if it hangs over a fence or something like that, the party who owns the land where it physically is will be deemed responsible. The same goes for any disease. Hope this helps.
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Old 06-10-2017, 06:51 PM
 
3,669 posts, read 5,897,807 times
Reputation: 1788
In our litigious society some will say sue if you can which depends more on the salt of your litigator and the crumple point of your neighor.

A sucker will settle out of court for fear while the unconscionable will cave in and feel guilty or the convenient new rich will pay to have one less headache from a pesky neighbor nevermind the decline of neighborly sentiment or value in many places of our urban landscape. If you are not humble or old money then neighbors are neither friendly or cordial.



Leave it be, just let the classic act of god be, eat the deductable or the loss, focus on resources and asking for help or seeking wise financing where one might go futher to help you, no need to mention your plight, but focus on need not fault for the universe to open doors.

And the city is responsible as a whole for maintaining the health of diseased trees. Become an advocate for the city to do its job. If they claim they no longer do it or never did then they should start again or start period.

Make issue with the various neighborhood and business associations even outside of your area and press the city council together. That is all that can be done and while increasing your civic minded strength look out for another issue to bring to the fore later, but until it tree care becomes a platform of those hoping to be elected and an actual service stick with it gently as others will roll the ball for you. And once done bring up the next need in the same way without becoming a long time advocate of any issue.

I found these

It seems the city only considers trees for preservation during development. Revenue for them as well, right...but do check out the peripheal tabs of maintenance, tree city usa, and oak wilt.

http://www.sanantonio.gov/DSD/Constructing/Tree

Bexar offers nothing. Maybe some other district or state should help as trees if native run far and wide with 35 being a dividing line.

I did find oak wilt again here:

https://today.agrilife.org/2016/06/2...n-san-antonio/

Btw sorry if this was not about diseased trees in general but that is the greater issue in my mind

Bear with my sensibilities and ignore this if it does not matter to you as all I post is usually in the same vein.

For those with networks drop this in and get the ball rolling. Trees are so important in ways that cannot all be quantified currently. For those without networks but wjp care then turn to the trees silly.

Spoiler
DO NOT READ THIS IF A GENERAL READER...leave now and miss nothing but frustration and wasted time.

Spiritually they do more than most know. As guardians, as covering the spectrum of below and above, they can be consultee and trusted by any wishing to know how to get from the thorns through the stars, they communicate primarily by electromagnetic field, and can speak all languages and translate for all species and spirits. Science will one day catch up and then shall we as a species. But until then thank all those you can see from your porch and yard for guarding and watching over your life and family, and the tallest one in view is their leader.

While above there is another energy field that actually connects trees to the cosmos. The roots have this as well for down leads to stars too. Water is sought both in roots spreading during winter and in general for rain and wind to be guided or summoned.

Science again will catch up.

Finally trees can and do combat the harm caused by cellular towers and power lines. The towers disrupt the schumann resonance field. Droughts also occur in spirit as well as land. Take heart we are guaranteed both the former and the latter rain.

Last edited by Merovee; 06-10-2017 at 07:02 PM..
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