Can a property management company keep insurance information from me regarding damage to my vehicle from a fallen tree?

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Can a property management company keep insurance information from me regarding damage to my vehicle from a fallen tree?

Last Sunday morning a tree fell or leaned over onto my truck. The property people left it there for 31 hours before removing it. During this time what would have cost $1,500-$2,500 to fix, wound up somewhere between $6,500-$10,000 in damage. They are calling it an act of God and will not talk to us. The tree had a limb on the other side fall off clean from the trunk of the tree about mid-February this year. About 8-9 weeks ago I reported the tree as having issues. After the tree fell the root system was all rotted, except for 1root about 5 inches in diameter.

Asked on August 29, 2010 under Real Estate Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The general rule is that trees falling are an Act of God, unless the owner of the tree knew of a condition that existed with the tree that rendered the tree dangerous. "Notice" is the issue and it sounds like you may have a case for "actual" and "constructive" notice of the condition of the tree and a good case to sue them.  If they will not voluntarily give you their insurance information, can you report the damage to your car insurer?  Then they can "subrogate" the claim and sue the tree owner.  You may have to sue them yourself for the deductible in that case.  If you do not have insurance coverage for this type of loss then you are going to have to sue them directly.  Get legal help in your area.  Good luck.


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