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if a tree fell

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Old 12-25-2007, 01:23 PM     #1
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Default if a tree fell

hello, im new to this forum and i hope this is where i post this kind of question i was wondering if anyone might happen to know if my car sustained a fair amount of damage due to a 150-200 year old pine tree that was stuck by lightning over 6 months ago 07/15/07 on my landlords property and since i have no insurance on the car itself is my landlords homeowners insurance liable to fix my car also to clarify the tree has just fallen 12/24/07 i have done some research on this matter and have found that if the landlord new of an unhealthy tree and did nothing to prevent what could occur he is negligent in his actions and he is responsible for doing nothing about the dead or dying tree can someone please give me some advice if what ive read is true. thank you for your time, and any answers any of you may provide for me.
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Old 12-26-2007, 01:28 PM     #2
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Default Re: if a tree fell

If the tree was struck and killed by lightening, then the LL waited 6 months before doing anything about the situation, he can be liable. Once a LL knows of a situation such as a dead tree, and fails to take action, it is possible that he can be found to be responsible for the damages resulting from his inaction. That said, was he informed of the lightening strike back in July when it occurred? If he was not (you should have sent him a certified letter about it) and doesn't live in the area, he can claim he didn't know the tree was struck or that it was dead. He has to have prior knowledge of the possible liability to be responsible in most places. My next question, why don't you have insurance on the car? Is it an older model?
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Old 12-26-2007, 06:19 PM     #3
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Default Re: if a tree fell

thank you for replying to my question and yes the landlord was well aware of the damage the lightning caused because im the one who drove over to his house to bring him to the property to show what had happen, plus when i called the number he gave to me for his homeowners insurance co. they stated that he told them it was previously struck by lightning which is a good thing... also you asked why i did not have insurance on the car well a few months ago i was pulled over by the police for not having updated inspection stickers they ran out. the car was impounded and i paid to get it out and parked it on my place of residence, and penndot requested the registration so it was parked due to no tags so i canceled my insurance for no need to have it insured i was not able to drive it.
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Old 12-26-2007, 08:15 PM     #4
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Default Re: if a tree fell

When you have no current inspection sticker, don't they just ticket you & order you to take it to be inspected within the next few days? They don't normally IMPOUND a car just for not having an inspection sticker. When you paid to get it out of impound, why didn't you have it inspected right then? And why did the department of transportation insist on taking your registration to the car??? Then you said it had NO tags? Don't most states have mail-in renewal of tags? So after all this, you decided to cancel the insurance on it. Sorry, but something doesn't add up there.

Either way, contact the owner's insurance company and let them know the tree fell on your car. An adjuster should come out to inspect your car.
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