Q: The neighbors dead tree fell on my daughters car completely destroying her sunroof and back window. Not from a storm
There was no storm, the tree was dying and neglected by the neighbor, causing it to snap and fall on my daughters car, completely destroying her sunroof and back window. Can we sue the neighbor for the damages in small claims court? We have lots of pictures and videos.
A: It is probably best that you file a claim with your insurance company (auto or home) and then let the insurance company through subrogation, substitute in to bring the claim against your neighbor if warranted. Try that first.
Thomas. R. Morris and Brent T. Geers agree with this answer
A: The neighbor's potential liability is for negligence, and if he or she should have been aware of the issue, that strengthens the claim. Did you inform the neighbor, prior to the tree fall, that the tree was a hazard?
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