AboutRichard Expertise I have been the no-fault insurance administrator and arbitration specialist for 18 years working for a plaintiffs` law firm. I have a copy of and am familiar with the newest Reg.68 of the New York State insurance law and have sucessfully represented over 300 applicants at hearings and have guided more than 1,500 more that didn`t need to actually go to a hearing.
Expert: Richard Date: 6/13/2008 Subject: Tree fell on my parked car
Question Hello,
My car was parked on a street (Brooklyn, NY) and during a storm a branch of a tree fell on my car. The back window is totally crashed, i have a whole in the front window and the roof is a little bent. Police came, investigated and said they'll write a report.
Questions:
1) is the city responsible for paying for the repairs?
2) if yes, who needs to estimate the cost of the repair?
3) if the city is responsible, what should be my next actions after i get the police report?
P.S. I do have auto insurance.
Thank you.
Answer Hi Yulia, if this was classified as a "curb tree" and was alive for more than 3 years then the city is responsible for it and the damages it caused. You should obtain at least two estimates of the repairs and request a claim form from the City of New York Law Dept. who would most likely tell you the name of the proper City agency to handle such a claim. You can ask your insurance company also because they receive questions such as this all of the time. If you have collision coverage then you might want to file a claim with them and allow them to do the claim work against the City for reimbursement. One thing I can tell you for sure is that you are going to have quite a wait for your money if indeed you have to go through the City directly.
