By me - 01/05/2011 16:31 - United States

Today, the tree that my neighbors have neglected to cut down fell on my car. They claim that by law, they aren't responsible and don't have to pay for it. FML
I agree, your life sucks 38 395
You deserved it 3 335
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Top comments

TaylorTotsYumm 10

Get a crane to place the tree on top of their car.

263 8
j_cat187 19

plant a tree wait 30 years, then crush their house with it

93 6

Comments

alpha14_fml 0

That's bull. they are responsible. Call your insurance.

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theotherguy89 0

if the tree has been an issue in the past and has been reported then they are responsable.

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DJMarcus 0

15, 86, 160, 167, and 179 are all correct. for most places in the US, a falling tree is considered an act of god, and therefore isn't legally anyone's "fault" (liability is a key point in suing someone). Just like if a tornado picked up your car and smashed it into your neighbor's house, they can't sue the owner of the car. You can't take the wind to court. There are exceptions - for example, if they trimmed / cut it directly causing it to fall. or if it's rotting and they were cited by the government. But otherwise, it is up to your insurance to pay. Note that in many jurisdictions, the responsibly starts and ends at the property line. The cleanup of a fallen tree is your responsibility for the part on your property, and theirs on their side. Also - you are allowed (some may say required) to do tree branch trimming on the branches that go over your property. So, next time, if you are worried it will fall, make sure all the branches over your property are cut, so if it does fall, it is more likely to fall the other direction. Finally, there is variation in laws about this, so please consult a lawyer. Better yet/cheaper, talk to your insurance company, who have their own lawyers who do this every day - and who want to get out of footing the bill as much as you. I've had family and friends involved in multiple tree/branch issues like this, and every time the law was consistent - act of god, property line determines who('s insurance) pays...

0 1
arianylas 3

I disagree. Failing to cut down a tree on your property that poses the threat of falling sometime in the near future is negligence, and any damages arising from the tree falling and crushing someone else's property is your fault. It is your duty to maintain the trees on your property, in fact, it is your duty to maintain the safety of your property - period. If you neglect to build a fence around your backyard swimming pool, and your neighbor's child climbs in and drowns, it will be your fault. You will be sued. This is no different. It sucks, but it's the law. OP, find a good attorney and sue for negligence. You'll be awarded damages to fix your car. I'm positive. Just be able to prove that the tree was a known danger and your neighbors did nothing to fix it. Do that, and you're golden.

1 0
DJMarcus 0

The example you gave concerning the pool reinforces my statement - the pool is on your property, hence you are liable (for the most part). All trees fall at some point, so the facts of the case rule liability. However, most of the commenters for this FML are under the mistaken impression that your tree = your fault. No matter how people may wish it, the law just doesn't work that way. There has to be an additional factor (that is provable) - he cut the tree wrong, he did it on purpose, he knew it was rotten and about to fall but did nothing, etc. A simple web search reveals multiple articles on the subject, including many from real estate and legal industry websites. Almost all of which back up what I have said - beyond provable intent or negligence, it is an act of god/nature, and so things mostly begin and end at the property line. This is really something for the insurance company lawyers to fully deal with. OP files a claim, pays the deductible, and gets the repair/replacement. If indeed there is documented liability, then the OP would get a refund of his deductible, as the tree owners insurance co would pay the full cost to the OP's company. But unless there is proof of what I stated above, don't hold your breath. Also note liability can work against you too....for example, if the branches of your neighbors tree hang over your property, and you don't trim it yourself (as most jurisdictions give you the right to do) - you have liability there. It's still an FML for the OP - there's just too much incorrect legal advice flying around - which could be verified with a simple search....

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September_fox 2

Cool story, bro. Um...one thing though. #75's comment kind of makes me completely doubt yours. You have the internet (Which, by the way, never lies) and he is in law school. OP: Don't listen to any advice on this site except to get legal help from someone who knows the laws where you live. FYL for having shitty neighbors.

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Burning_Star_IV 3

Acually they are. If it was on there lawn and you have proof it was there lawn then you can sue them.

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TAHK 11

it's not their fault an act of God caused the tree to fall and crush your car. now if they cut the tree and it fell on your car that would a different story

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RiDER1111 0

in the immortal words of biggie, take that s**t to trial.

0 0
elvencellist 0

by law if it was the tree that was in their property and it fell on your car, they are responsible. if it was a branch hanging over your yard, it isn't their responsibility. ful either way for the related hassle.

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hedgeclippers 0

It the tree was on their land by legal definition, it is their property. You should be able to sue them. If the tree was on your land, they don't owe you a penny.Unless it was on your land, I really can't see how your neighbors could get away with that.

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pip74205 9

Take lots of pictures, call the police for an official statement, and let your insurance company know it was on their land and in bad condition. Then, get a lawyer and sue. So long as it is on their property, it is their responsibility. They'll find that out in court when they have to pay more than had they just cut it down. You could potentially get a 2012 car paid for in full from what you win!

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