Bradenton Beach, FL asked in Personal Injury for Florida

Q: The neighbors tree has branches over my property. During a storm the tree dropped a branch on my renters car.

It broke the windshield a couple of months ago. Now it dropped another branch. What are my legal rights?

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2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
Answered

A: First, consult your homeowners. It should be the responsibility of the neighbor but you dont want to be in a situation where your insurance says "you should have notified us."

Photos photos photos. Ideally with a good camera. Some cell phones are good others not.

Video alone doesn't give the same image quality. Photo with and without some object to give an idea of size. No cute pictures of you or someone else standing there. Those don't always make the same point.

So talk to your homeowners, ask the neighbor to notify his.

If you have an attorney, ask them.

Good luck!

Peter N. Munsing
Peter N. Munsing
Answered

A: First, consult your homeowners. It should be the responsibility of the neighbor but you dont want to be in a situation where your insurance says "you should have notified us."

Photos photos photos. Ideally with a good camera. Some cell phones are good others not.

Video alone doesn't give the same image quality. Photo with and without some object to give an idea of size. No cute pictures of you or someone else standing there. Those don't always make the same point.

So talk to your homeowners, ask the neighbor to notify his.

If you have an attorney, such as the person that drafted your lease with the tenant, ask them.

Also, if the owner of the car has comprehensive that may cover the damage, and his company will go after the neighbor.

Do read any lease you gave them. It may specify who is responsible for what and in what order.

Good luck!

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