Question
I live in new jersey, where i own a home. Recently, a tree branch (tree on my property) fell damaging a car which at the time was parked illegally (2hr limit parking expired). Car owner wants my home insurance to pay damage. I feel he should notify his car insurance company, he refuses. He has begun started threating me with a suit. Who is responsible? Does the fact that is was illegally parked at the time have any bearing?
Answer
Originally posted by William Doyle
Who is responsible? Does the fact that is was illegally parked at the time have any bearing?
My response:
I'll answer the last question first - - no. The fact remains, his car was parked there and while parked, no one has the right to damage it.
That being said, a tree limb falling is considered an "Act of God" and therefore, no liability attaches to the tree owner. However, if you knew the limb was bad prior to the incident, and failed to take corrective measures, then you could be held liable.
But, you had absolutely no "Notice" of a "defective condition" of your property, did you ? Of course not !
Tell him to pound sand, and to prove you had "Notice" of the condition prior to the incident in a court of law. Otherwise, he can use his own insurance or dig into his own pocket.
IAAL