I'm from new jersey and my neighbors overgrown tree fell on my car...we have pictures police reports and even google earth can show how massive this tree is...the trees branches extended over the sidewalk and into the street....my neighbors won't pay because they are claiming that it's an act of god...when clearly the tree hasnt been pruned since the previous owners lived there do I have a legit case....and the tree is clearly deep on their property
Update:Their homeowners won't cover because they know it's neglect on the homeowners part...we are gathering info to sue at this point
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Turn the claim into your auto insurance company. The auto insurance company should pay the claim and will then go after the neighbors for the money in court. This will work only if you have the proper coverages on your auto. Talk to your auto insurance agent.
And the neighbor does not have a legal leg to stand on. It is not an act of God, it's their tree and they are responsible for the damages.
You're going to end up suing them IF your auto insurance won't pay the claim and then collect from the neighbor. That is one of the reasons for insurance.
Why doesn't the neighbor's homeowners ins cover that.....try that approach OR Sue them
Edit, let a judge decide their liability in this matter. Your car was legally parked and their tree DID do damage to your property. "Act of God" isn't a good defense, and bring up that the ins co claims that the homeowners were negilent (which is a way for them to get out of paying this claim) also not a good defense but helps you be on the offensive.
you would have to have proof on your part as in a certified tree expert that the tree was in a dangerious condition this would have had to be done before the tree fell then you would have had evidence. but still had to prove they knew that at that time and that it was their knowledge of your report and lack of action that was the cause of the tree falling.
you could seek legal advice but if you lose then have to pay expenses your own and the other party
so find out your rights before going to court unless you are prepared to pay if the judgment is they are not at fault.
this question would be better placed in a legal section and needs answer from someone practicing law in your area so you are totally sure where you stand.