tree fell on my car

[fritzy2]

I was at a Toys R Us in Mesa, AZ. It was somewhat windy, nothing severe. When I came out to my car, a large Palo Verde tree had fallen onto the car next to me, but a bunch of branches laid across my car as well. I took a lot of pictures of the scene and saved them. Now their risk management is saying it's an act of god and the only thing they'll do is have me fax in an estimate of repairs and "see what they can do to help". (I only have liability insurance, so my ins co won't cover) I'm trying to find out if they have any responsibility considering the tree was not staked and the branches were so thick and long (enough to stretch across two suv's and still extend a bit further). Shouldn't it be their responsibility to maintain the trees in their parking lot? Or am I just stuck with the damage, hopefully getting some consideration from them...?

See your other post

[maxjlone]

The comprehensive insurance on your vehicle will cover an incident like that. The landlord's insurance will cover anything that he is liable for, but a tree falling is typically considered an "act of God" and is NOT covered by the landowner's insurance. If you dropped your coverage, then you haven't transferred the risk to anyone, and you may wind up eating the cost of repairing or replacing the vehicle.

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