Bend, OR asked in Car Accidents and Landlord - Tenant for Oregon

Q: Carport collapsed on car due to to much snow and property managment says its an act of god like tree falling? true?

Say they are not liable at all, but shouldnt there insurance cover damage?

2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: It should. Snow, precipitation even trees falling are not acts of the Deity. The Deity doesn't build carports.

If you have comprehensive on your car, you could run it through that and let them hassle it out.

Jennie Lynn Clark
Jennie Lynn Clark
Answered
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: If you are a tenant, you might also have a claim under your lease/rental agreement for breach of your agreement to maintain the premises, depending on the contract. The landlord also has a duty under ORS 90 to maintain the premises in a habitable condition. So I would like to know exactly what you were renting, if anything. Under ORS 90.255 there are attorney fees available to the prevailing party after a lawsuit is filed. I recently handled a case like this and we filed a lawsuit and I received my attorney fees. You have a one year statute of limitations under the landlord/tenant act which is less time than a general negligence claim, which is two years. It is true that you could go through your own insurance, if you have coverage for such damage; however, you would have to pay your deductible.

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