What to do if while at an RV park a tree limb fell on our truck but the park’s insurer is says it was an act of god due to storms but the limb broke when the sun was out and the sky was clear?

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What to do if while at an RV park a tree limb fell on our truck but the park’s insurer is says it was an act of god due to storms but the limb broke when the sun was out and the sky was clear?

The limb that broke was the only limb on the tree since all others had been removed. I believe the tree was decaying and took pictures of the limb at the break and the tree trunk which doesn’t look normal. Is there anything we can do to get this paid for?

Asked on July 3, 2013 under Accident Law, Texas

Answers:

Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

If the RV Park owner will not appeal his insurer's decision, you can always sue the owner of the RV Park.  The park's insurer's attorneys will defend the lawsuit.  You will probably have to go to the expense of hiring a tree expert to examine the pictures and come to the conclusion that the tree and branch were decaying and why.  If you win the lawsuit, you may be able to recover those expert witness fees.


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