Expert: Richard Hixenbaugh - 9/26/2009

Question
I was parked on the street and a six foot limb fell on my windshield and shattered it.  I contacted the property owner and they stated that they were not responsible as the limb falling was an act of god therefore their insurance would not pay. But since they were good people they offered half of the repair costs. I paid for the windshield $259.74 as I need my car to get to work and could not drive it with the windshield broken.  
I took the $129.00 but their is damage to the hood and since the tree was dead, covered in mold and moss, I feel tat they are liable for all costs to restore my car to the state it was in before the limb hit it.  
Can I sue for the remaining monies?

Answer
Hi Gina,

You should certainly get an estimate from a body shop and approach the property owner to pay for 100% of the total cost including the balance of the windshield. While it is true the property owner is not liable if the tree is healthy, he is liable if the tree is deseased or dead and he knows about it. If he refuses to proivide you with his insurance info then you can sue him in small claims court.

I hope this helps
Richard Hixenbaugh