Is the city responsible for a tree branch that fell on my car while it was parked on a city street?
Answers:
Nope. You park your car at your own risk. Maybe in Vermont, otherwise, no.
if the tree is owned by the city then yes!
No, its an "act of God" , call your insurance company.
Not due to a storm...but if it was dead and neglected,possibly...
Call your insurance company. Let them figure it out.
If the tree itself is on city property then the city would definitely be responsible. If, however, the tree is on private property, then the property owner would have to pay. Find out how far back from the edge of the road the property line is, then contact the proper person/agency. Have at least two written estimates from reputable body-shops with you when you go. Remember to be nice! :-) Good luck!
tricycle pilot is correct, it is deemed an act of God.
A 100 foot tall tree fell on my 4Runner in a post office parking lot and smashed it.
A police officer called it a act of God and would not take a report.
It depends. The city is not automatically responsible just because the tree, and your vehicle, were on city property.
The city is required to provide reasonable maintenance. For instance, if this particular tree was neglected for several years, and the city let it rot to the point that a branch fell on your car, then the city is responsible.
If the branch fell for no particular identifiable reason, then the city is not responsible.
To find out for sure, sue the city in small claims and see what the judge says.
Update: With your additional details, your case is a toss up at best. Was the storm unusually severe, or just a typical storm for your area? If the former, you have no case. With the latter, you may have a case. If you're serious about pursuing this, be sure you can document everything.
Sue the city or sue God. Either way, you have a heck of a fight ahead of you
Who owns the tree? That is the first question that needs answered. You said you are 'almost sure' the tree is on city property. That means you DON'T know who owns the tree. The owner of the tree MAY be liable. The storm reduces the likelihood that whoever owns the tree is liable. The fact that YOU parked under the tree does not help your case. Contact your insurance company and let THEM deal with whoever owns the tree.
R8derMike: The officer should have taken a report in any case. The report does NOT mean anyone is liable, only that the police incident occurred and the Police were informed.
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