What to do about tree damage to carat an apartment complex?

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What to do about tree damage to carat an apartment complex?

Approximately 3 huge tree branches fell on my car over 3 weeks ago. Initially the property manager accepted liability and assured me that they would pay for all damages; there was no need to worry, “We are going to take care of you.” They took multiple pictures of everything. Before the incident, they had contractors in completing exterior maintenance on the apartment (e.g., repairing roof and side shingles). The contractors were on and around that tree. Of course now the claims representative recently denied fault. What do I do now? Do I contact the property manager again? Make him aware of this mistake?

Asked on October 18, 2010 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can contact the property manager again, but you may need to bring a legal action, if the property manager and/or insurer refuses to pay. The issue will be whether  the property was  at fault in some way, such as by not trimming obviously dead limbs or cutting back sick trees, or because either employees or contractors under their control damage the tree or limbs in some way as to cause the limbs to fall. If the property was not at fault--say, for example, there was an unexpected strong windstorm that snapped off seemingly healthy limbs--then it wouldn't be responsible. You should consult with an attorney, who can evaluate whether you seem to have a case, what it might be worth, and also estimate what it might cost to pursue it, so you can make a determination of what to do. If you have collision insurance, you could also submit a claim to your insurer.


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