Indianapolis, IN asked in Car Accidents for Indiana

Q: If I was attending a county fair and parked in a designated parking area and a tree fell on my car who responsible?

It was not windy or no storms in the area and all I have is plpd it’s county property

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1 Lawyer Answer
Charles Candiano
Charles Candiano
  • Personal Injury Lawyer
  • Chicago, IL
  • Licensed in Indiana

A: On your facts, you are responsible for the damage because on your facts, the county did nothing which would cause it to incur liability. On the other hand, if a large branch of this tree was known to be dead for many years and the county was advised that the branch should be removed but failed to take any action and THAT branch fell on your car then the county would be liable.

Whether that is the case is going to require a bit of investigation on your part. The type of damage that you describe is covered by what insurance companies call "comprehensive care" and very rarely adds more than $100 per year to your insurance premium. If your car wasn't worth the additional eight dollars per month that coverage would have cost you, it certainly isn't worth litigating over.

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