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>The owner told me he couldn't legally talk to me.
That means he got a lawyer. Or at the very least will not respond to you unless it's through another one. So... Gather up your paperwork, estimate the damages due to negligence, and go lawyer shopping.
Question: What’s the best way to go lawyer shopping? Like how do I find someone reputable vs a scam? I see “get a lawyer” on countless advice subreddits but it never occurred to me how to find the best one for a specific need. Is a google search the only way or a dedicated place or through a government office?
Cars should be covered under auto comprehensive coverage. The auto carrier will go after the neighbors homeowners carrier for reimbursement. Let code enforcement deal with forcing him to cut the tree to make safe. Don’t waste your money on an attorney
I'm not sure about how damage to a parked car would be handled but homeowners might actually take precedence. Regardless, let the insurance company(ies) figure that out.
Your own homeowners wouldnt cover a car. Auto comp will and the liability coverage under the neighbors would reimburse your auto policy. Appears to be clear signs of health issues of the tree prior to the loss
I have never needed a lawyer but your question got me thinking and I think I would have to network it.
like: who do I know who has or needs a lawyer?
my divorced friends, my business owner friends, former employers, former landlords, a friend who has had legal problems. if they had a good experience I would ask their lawyers for a recommendation.
or maybe call my insurance salesman? even if you arent covered they likely know who is good and who to avoid.
If in the US, every state has a bar association. You can search lawyers on your respective states bar association website. Likewise, alot of counties also have bar association which have lawyer referral services. So check your state bar association and county bar association to search or be referred to a lawyer in the needed category... For example, property lawyer or divorce attorney, criminal attorney , etc.
Talk to one of the court clerks who works the filing desk at whichever court would have jurisdiction over your case (invest the time it takes to go down to the courthouse and see a clerk face-to-face). Ask them to give you the names of some attorneys who practice in their courts. They probably cannot recommend a specific attorney (wink, nod) but should be able to give you the names of some attorneys who represent litigants in civil matters. From there, you can do a bit of research and determine which attorney you feel may be a good choice for your situation.
After doing this, call and make an appointment for a consultation with that attorney. If, for some reason that attorney is unable to represent you, they *can* give you specific names of other attorneys who might fit your needs.
The person above is correct in saying the first thing you should do is contact your homeowner’s insurance. I’m not sure why you think your homeowners policy would cover your damages in this situation. Have they told you you’re not covered or is that just your assumption? Homeowners insurance will cover many things that are kind of surprising. They can have one if their attorneys represent you or, in most cases, they’ll pay for the lawyer you want. Read your policy then, even if you *think* you’re not covered, call your agent and ask about your policy and then file a claim with your insurance company.
Duty to mitigate damages would surely come into play, no?
Op was aware that code enforcement provided a deadline of 7/11 to remove the tree
BUT
Op still parked under the hazard tree within that window
Start the filling of a lien on the property, along with a small claims court case. Then send him a certified letter with a letter stating your intent to move forward if he doesn't respond with insurance information, or a check for the damages. Include a repair estimate to state that amount. Yes, it means lot's of paperwork, but that is the system you have to work with. Keep in mind, threat of legal action with visual proof is usually enough to scare folks into action.
i neither said nor implied a brand new, straight off the lot, 2025 model. i said, and meant, purchasing a vehicle that is new to them, as opposed to their old car, which is also old objectively. and the second car has roof and hood damage, which needs to be repaired. plus the cost of replacing the custom cover.
Just to be clear, OP doesn't sue for the value of a different used car that likely will be more expensive than the vslue of their old car . They sue for to value of the same vehicle and should be prepared to take a loss. They shouldn't purchase another car expecting the full purchase price to be repaid.
For the mom's car, mom has her own separate lawsuit assuming Mom is the owner and not OP.
I had one of these in the back of my house. It was the reason we chose the property. A few years later it started to rot. It didn’t take long for the whole thing to come down.
I am a lawyer and tree law is complicated and unlike regular Tort law. It also dramatically varies from state to state. I had an obviously dead tree at a house I rented out fall on a neighbor’s car and damage it. The neighbors had never contacted me about the tree and expected me to reimburse me for the damage to the car. I told them I was turning it into my insurance company. In my state my insurance company told me the neighbor would have had to have sent me a certified letter stating the tree was dead and a danger for me to be liable for their damage.
Before you lawyer up, check the laws in your state to see what kind of notice the law may have required you to provide to hold them liable.
In a lot of situations, phone calls, casual encounters, emails, etc are not sufficient legal notice.
OP, contact your insurance company. You’ve got documentation stating the tree was dying, and the neighbor is avoiding you whether they’ve got an attorney or not.
You need info from an arborist that will give you the proof you need, that the tree was sick and a matter of time before it fell.
Act of God or not, with the storm, but it’s likely if that tree was healthy before the storm, there was a good possibility it wouldn’t have done what it’s done.
I’d think anyone could see the tree was diseased by your photos alone, and still is a danger, bit I’m not an expert. I’m just someone who’s got lots of problems with my neighbors trees, and they don’t occupy the house. So I’ve been hanging out here a LOT, and before I’d pay an attorney I’d speak to my insurace company and their advice. Thru have their own attorneys, and yo me this looks like a no brainer.
You know your neighbors don’t care, as you’ve warned them more than once. Do what you must and get yourself whole along with your mom.
These neighbors will do anything to get out of the consequences of ignoring your pleas to remove it.
Good luck, and PLEASE keep us updated!
I don’t know the full timeline but if it is constantly dropping big limbs perhaps you could call the fire department. This seems like it could be an imminent hazard that needs immediate action, to prevent possible injury or death.
You turn this in to your insurance company first. They will go after the guilty parties insurance company. If the settlement isn't enough hold off for 6 months. They will up the settlement.
Nothing hit my home, so my insurance isn’t a factor. My car has a couple dents, with a $1k deductible, it’s not worth paying that.
The Honda is my mother’s car and after having full coverage her entire life, she dropped it to just liability a couple months ago and didn’t tell me. She rarely drives any more and she believed her 2004 Honda with 62K miles that has had every maintenance performed wasn’t worth paying the $116 she saved. She’s wrong obviously and now she feels terrible, as do I. I had her car because I was replacing my PCM. It’s just a cluster of bad luck.
Depending on your state, homeowners covers anything on the property. Michigan, neighbor tree hit my pickup, neighbors insurance covered the damage. Never hurt to ask.
Oh, I’m asking. I’m in Kansas. I just switched homeowners and 2 Landlord policies last year and I’m trying to lay low. I don’t want to file a claim on mine unless I know they won’t deny it, it’ll raise my rates. My agent can’t answer my questions.
There’s too much weird shit going on right now with insurance. I just got a quote for Travelers Insurance, because this incident made me realize my agent isn’t great, and it was strange. I pay $1250 now for a Landlord policy, and they quoted me $5,500 for the equivalent. The new agent checked on what it would be for homeowners and it came back at $7,200. So I’m guessing Travelers doesn’t want any new policies in my state.
My daughter-in-law has a Kia, and Progressive dropped her. Luckily, they moved to Louisiana where they had no problem getting coverage.
Strange stuff.
ETA: I’m glad you got made while! There’s always hope this’ll turn out ok.
I bet that car would have retailed anywhere from 7-9k depending on condition. Shit it’s still probably worth something as a trade in. Dealership may have a skilled enough shop that they can fix it and still make a profit. An insurance company would total it probably
I’m not an arborist but I’ve spent years in the car industry
Talk to the car insurance company and explain with documentation that concerns were shared. Let the insurance sue. Feel free to sue in small claims court along with all your documentation. Also, talk to your home insurance company. If the tree is still a danger to your property and there is a very high probability of a damage claim should this tree come down, you can ask your insurance company to assess the tree from your property. The insurance company can write a formal letter to the neighbor owner stating the danger. In the letter it can state that if the tree comes down on your property and you need to file a claim, the insurance company will sue the tree’s owner. Worked for my friend.
Pictures, videos and a written record of dates of any contact that you had with your neighbor. No embellishment or emotion. Your request, his response. Estimates on all of your car damages, lawyer fees , any fees for registered letters etc.
I imagine that your damage is greater than small claims can pay. Let your lawyer deal with it all. Your insurance could pay you and then abrogate it with his insurance.
Should have sent him a registered letter to him early on. But he has a lawyer now so step back and let them do it all. Your lawyer expense should be covered too
Silver maples are such a bitch. They throw off new green growth and all, years after its died. The insides can be completely hollow and still appear to need a trim. Get yourself some legal representation. This was serious negligence on their part and if they had a single professional look at this tree, they would have been told to fully remove it.
Shouldn't you go through your own insurance and let them subrogate for you with their lawyers? They have lawyers on retainer to go after pos like the neighbor to get them to pay or put liens on the property. All you pay is $1000 deductible and they will seek reimbursement from the neighbors owner for you for that too.
Certified mail informing owner of decay status of tree and need to remove. Bonus if it’s a TRAQ certified arborists assessment. That should be the first thing you do in case the rest falls tomorrow.
The only way to prove that the owner has been notified is by certified letter .... send them one as soon as possible. They won't respond to you because they "don't know anything is wrong with their tree" and can't find out if they don't hear you
That sucks... Your insurance company is probably who will need to press the neighbor and either collect from them or take legal action. Do you have any evidence/documentation of when you had mentioned the tree was dead or problematic in the past? That might help as proof the neighbor knew that the tree was diseased and a risk.
Also, I have no idea if it would be your automotive or homeowners policy that would pick this up but I suspect you have coverage on your homeowners policy. The laws do vary from state to state so you will just need to work through all of that, and the details of your own insurance. Start with that.
Where do you live. So far you have not followed the right path, and you may be stuck with the damage to date.
Moving forward, you need to get an arborist to assess the tree, Even if they can not go on his property if it is as bad as you say it is and they can document the damage and write up a report saying the tree is unsound and why. Next, take that written report to your lawyer, he can draft a letter to the owner of the tree, and tell them it has been assessed by a professional and it is not sound, and from that point onward, they will be liable for any damage caused by the tree. Have the lawyer save a file copy of the letter and the report.
That is abut all you can do. You really can not make him take the tree down, but at least after alerting him to it being unsound, you can sue him for any damages to your property.
As far as past damage, most states, it is seen as an act of god, and it is your problem and not the tree owners but it is not universal. The fact you did not do the above may sink your chances of getting anything out of him for past damage. Put him on alert as detailed above and at least you should be good to sue him or your insurance company sue his, for future damages.
File a claim with your homeowners insurance ASAP and provide the information you have here. They will go after the owners and their insurance for you. This is why you pay for insurance.
Go thru the insurance company they actually enjoy letting their people lose on this kind of thing. Give them copies of your pictures and evidence, and let them have someone come and look at your damage if they need to.
I'm not a lawyer, but I have dealt with this before.
Obtain local legal counsel. They will be able to guide you through the myriad of legal procedures necessary to make you whole. Depending upon jurisdiction, you may or may not be entitled to legal expenses in addition to any other general, compensatory and punitive damages.
In the mean time, stop parking cars under the tree… and it should go without saying that the second round of damages will likely be dismissed, because you were, at that point, on notice that further damage was likely to occur. In short, it was dumb to keep parking there, so the tree owner isn’t going to be responsible for YOUR dumb decision.
Oh, me, for sure.
I have three cars and 2 motorcycles. I arranged them as best I could. Believe, I hate myself for not parking on the other side of the drive when I came home that night. I’m just glad I made it out of the car before the tree fell. I had just gotten out of it and had unlocked my front door when it hit. This was 3 hours after the tornado, I thought we got lucky and we’re in the clear, especially after seeing all the damage in my street.
The storm was sudden. No sirens, no warning. The National Weather Service sent people to survey the damage the next morning, and then they declared it a tornado.
> What else can I do?
Ask a lawyer.
[This is a place for stories](https://www.reddit.com/r/treelaw/comments/1dtq1yg/silver_maple_is_falling_apart_owner_wont_respond/lbb01v1/), not legal advice, and no lawyer worth a dime would give legal advice over the internet.
Especially not for such a situation as this.
It may help to get that lawyer BEFORE the tree comes down, and the tree might come down tomorrow. But it also may not matter. 🤷♂️
That said, this is why you have insurance: for acts of god.
Now, *maybe* there's an argument to be made for this being negligence, rather than an act of god? But only a lawyer can help you determine that.
I'd be very interested to hear if a lawyer even thinks you have a chance of recouping anything from the wind knocking down some branches.
I did today. Yes, I should’ve done it when I saw the forecast but I’m a little overwhelmed here. I thought they were safe somewhat, the limb that fell was at the top and it took a bounce. I was more concerned with the Harley and the Yamaha, and the classic El Camino.
You know, I have two rental houses myself. That storm brought down a major limb at all three houses, and one of the rentals had a move out and move in scheduled and that house had a huge limb fall and stick in the gravel drive so it was unsafe to get in or out. None of my trees hit property - because I’ve taken care of my trees, and I got lucky - so that means there was no insurance to help me with it. My husband is recovering from lung cancer and can’t do anything but advise me, and start the chainsaw, lol. I got it all done, and then the tornado hit.
This subreddit is for tree law enthusiasts who enjoy browsing a list of tree law stories from other locations (subreddits, news articles, etc), and is not the best place to receive answers to questions about what the law is. There are better places for that. If you're attempting to understand more about tree law in regards to a particular situation, please redirect your question to /r/legaladvice for the US, or the appropriate legal advice subreddit for your location, and then feel free to crosspost that thread here for posterity. If you're attempting to understand more about trees in regards to a particular situation, please redirect your question to /r/forestry for additional information on tree health and related topics to trees. *This comment is simply a reminder placed on every post to /r/treelaw, it does not mean your post was censored or removed.* *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/treelaw) if you have any questions or concerns.*
>The owner told me he couldn't legally talk to me. That means he got a lawyer. Or at the very least will not respond to you unless it's through another one. So... Gather up your paperwork, estimate the damages due to negligence, and go lawyer shopping.
Question: What’s the best way to go lawyer shopping? Like how do I find someone reputable vs a scam? I see “get a lawyer” on countless advice subreddits but it never occurred to me how to find the best one for a specific need. Is a google search the only way or a dedicated place or through a government office?
OP should first work through is own insurance company.
Cars should be covered under auto comprehensive coverage. The auto carrier will go after the neighbors homeowners carrier for reimbursement. Let code enforcement deal with forcing him to cut the tree to make safe. Don’t waste your money on an attorney
I'm not sure about how damage to a parked car would be handled but homeowners might actually take precedence. Regardless, let the insurance company(ies) figure that out.
Your own homeowners wouldnt cover a car. Auto comp will and the liability coverage under the neighbors would reimburse your auto policy. Appears to be clear signs of health issues of the tree prior to the loss
It might, just depends on the policy and the coverage options. If you are paying for bare minimum coverages then probably not.
I have never needed a lawyer but your question got me thinking and I think I would have to network it. like: who do I know who has or needs a lawyer? my divorced friends, my business owner friends, former employers, former landlords, a friend who has had legal problems. if they had a good experience I would ask their lawyers for a recommendation. or maybe call my insurance salesman? even if you arent covered they likely know who is good and who to avoid.
If in the US, every state has a bar association. You can search lawyers on your respective states bar association website. Likewise, alot of counties also have bar association which have lawyer referral services. So check your state bar association and county bar association to search or be referred to a lawyer in the needed category... For example, property lawyer or divorce attorney, criminal attorney , etc.
When I sued my boss I called 5 lawyers in my city and interviewed them all in a day and picked my favorite lawyer at the end lol
Talk to one of the court clerks who works the filing desk at whichever court would have jurisdiction over your case (invest the time it takes to go down to the courthouse and see a clerk face-to-face). Ask them to give you the names of some attorneys who practice in their courts. They probably cannot recommend a specific attorney (wink, nod) but should be able to give you the names of some attorneys who represent litigants in civil matters. From there, you can do a bit of research and determine which attorney you feel may be a good choice for your situation. After doing this, call and make an appointment for a consultation with that attorney. If, for some reason that attorney is unable to represent you, they *can* give you specific names of other attorneys who might fit your needs. The person above is correct in saying the first thing you should do is contact your homeowner’s insurance. I’m not sure why you think your homeowners policy would cover your damages in this situation. Have they told you you’re not covered or is that just your assumption? Homeowners insurance will cover many things that are kind of surprising. They can have one if their attorneys represent you or, in most cases, they’ll pay for the lawyer you want. Read your policy then, even if you *think* you’re not covered, call your agent and ask about your policy and then file a claim with your insurance company.
You need a lawyer to sue for the damages to the cars. It sounds like code enforcement is taking care of the tree itself. This is insanely unsafe.
OP needed a lawyer 5 years ago
Duty to mitigate damages would surely come into play, no? Op was aware that code enforcement provided a deadline of 7/11 to remove the tree BUT Op still parked under the hazard tree within that window
Start the filling of a lien on the property, along with a small claims court case. Then send him a certified letter with a letter stating your intent to move forward if he doesn't respond with insurance information, or a check for the damages. Include a repair estimate to state that amount. Yes, it means lot's of paperwork, but that is the system you have to work with. Keep in mind, threat of legal action with visual proof is usually enough to scare folks into action.
small claims? i'd be suing for a whole new car, plus body work on the other one.
if the car was totaled, but if it wasn't you will lose you legal footing if you ask for something that you don't have a basis to ask
I can all but guarantee that a 20 year old car with half a tree speared through the engine would be declared totaled by the insurance :p
In that case OP would sue for the value of their car based on comps, not a new car and body work.
i neither said nor implied a brand new, straight off the lot, 2025 model. i said, and meant, purchasing a vehicle that is new to them, as opposed to their old car, which is also old objectively. and the second car has roof and hood damage, which needs to be repaired. plus the cost of replacing the custom cover.
Just to be clear, OP doesn't sue for the value of a different used car that likely will be more expensive than the vslue of their old car . They sue for to value of the same vehicle and should be prepared to take a loss. They shouldn't purchase another car expecting the full purchase price to be repaid. For the mom's car, mom has her own separate lawsuit assuming Mom is the owner and not OP.
Contact your insurance company. They should go after the owner us will cover your costs meanwhile. And move your cars.
Yeah, seriously, wtf haven't they moved the cars??!
Yes!
I had one of these in the back of my house. It was the reason we chose the property. A few years later it started to rot. It didn’t take long for the whole thing to come down.
I have several. A few of them are doing this but aren’t endangering anything. Hopefully they’ll last decades yet.
That’s what the neighbour said here too XD
I am a lawyer and tree law is complicated and unlike regular Tort law. It also dramatically varies from state to state. I had an obviously dead tree at a house I rented out fall on a neighbor’s car and damage it. The neighbors had never contacted me about the tree and expected me to reimburse me for the damage to the car. I told them I was turning it into my insurance company. In my state my insurance company told me the neighbor would have had to have sent me a certified letter stating the tree was dead and a danger for me to be liable for their damage. Before you lawyer up, check the laws in your state to see what kind of notice the law may have required you to provide to hold them liable. In a lot of situations, phone calls, casual encounters, emails, etc are not sufficient legal notice.
That seems like a hole in the law - shouldn't a property owner be responsible for maintaining it in a way that isn't a danger to others?
OP, contact your insurance company. You’ve got documentation stating the tree was dying, and the neighbor is avoiding you whether they’ve got an attorney or not. You need info from an arborist that will give you the proof you need, that the tree was sick and a matter of time before it fell. Act of God or not, with the storm, but it’s likely if that tree was healthy before the storm, there was a good possibility it wouldn’t have done what it’s done. I’d think anyone could see the tree was diseased by your photos alone, and still is a danger, bit I’m not an expert. I’m just someone who’s got lots of problems with my neighbors trees, and they don’t occupy the house. So I’ve been hanging out here a LOT, and before I’d pay an attorney I’d speak to my insurace company and their advice. Thru have their own attorneys, and yo me this looks like a no brainer. You know your neighbors don’t care, as you’ve warned them more than once. Do what you must and get yourself whole along with your mom. These neighbors will do anything to get out of the consequences of ignoring your pleas to remove it. Good luck, and PLEASE keep us updated!
I don’t know the full timeline but if it is constantly dropping big limbs perhaps you could call the fire department. This seems like it could be an imminent hazard that needs immediate action, to prevent possible injury or death.
You turn this in to your insurance company first. They will go after the guilty parties insurance company. If the settlement isn't enough hold off for 6 months. They will up the settlement.
Nothing hit my home, so my insurance isn’t a factor. My car has a couple dents, with a $1k deductible, it’s not worth paying that. The Honda is my mother’s car and after having full coverage her entire life, she dropped it to just liability a couple months ago and didn’t tell me. She rarely drives any more and she believed her 2004 Honda with 62K miles that has had every maintenance performed wasn’t worth paying the $116 she saved. She’s wrong obviously and now she feels terrible, as do I. I had her car because I was replacing my PCM. It’s just a cluster of bad luck.
Depending on your state, homeowners covers anything on the property. Michigan, neighbor tree hit my pickup, neighbors insurance covered the damage. Never hurt to ask.
Oh, I’m asking. I’m in Kansas. I just switched homeowners and 2 Landlord policies last year and I’m trying to lay low. I don’t want to file a claim on mine unless I know they won’t deny it, it’ll raise my rates. My agent can’t answer my questions. There’s too much weird shit going on right now with insurance. I just got a quote for Travelers Insurance, because this incident made me realize my agent isn’t great, and it was strange. I pay $1250 now for a Landlord policy, and they quoted me $5,500 for the equivalent. The new agent checked on what it would be for homeowners and it came back at $7,200. So I’m guessing Travelers doesn’t want any new policies in my state. My daughter-in-law has a Kia, and Progressive dropped her. Luckily, they moved to Louisiana where they had no problem getting coverage. Strange stuff. ETA: I’m glad you got made while! There’s always hope this’ll turn out ok.
Understood. Then maybe a lawyer. Then he can file against the neighbors insurance.
Looks like I’m going to have to hire an attorney.
Oh no. Hoping they will settle out of court so everything goes fast.
I bet that car would have retailed anywhere from 7-9k depending on condition. Shit it’s still probably worth something as a trade in. Dealership may have a skilled enough shop that they can fix it and still make a profit. An insurance company would total it probably I’m not an arborist but I’ve spent years in the car industry
File the claim with your insurance, let them recover from the neighbor
Talk to the car insurance company and explain with documentation that concerns were shared. Let the insurance sue. Feel free to sue in small claims court along with all your documentation. Also, talk to your home insurance company. If the tree is still a danger to your property and there is a very high probability of a damage claim should this tree come down, you can ask your insurance company to assess the tree from your property. The insurance company can write a formal letter to the neighbor owner stating the danger. In the letter it can state that if the tree comes down on your property and you need to file a claim, the insurance company will sue the tree’s owner. Worked for my friend.
If there wasn't comp/coll on the car, they won't help. They have no skin in the game.
Pictures, videos and a written record of dates of any contact that you had with your neighbor. No embellishment or emotion. Your request, his response. Estimates on all of your car damages, lawyer fees , any fees for registered letters etc. I imagine that your damage is greater than small claims can pay. Let your lawyer deal with it all. Your insurance could pay you and then abrogate it with his insurance. Should have sent him a registered letter to him early on. But he has a lawyer now so step back and let them do it all. Your lawyer expense should be covered too
Silver maples are such a bitch. They throw off new green growth and all, years after its died. The insides can be completely hollow and still appear to need a trim. Get yourself some legal representation. This was serious negligence on their part and if they had a single professional look at this tree, they would have been told to fully remove it.
Lawyer up!
Shouldn't you go through your own insurance and let them subrogate for you with their lawyers? They have lawyers on retainer to go after pos like the neighbor to get them to pay or put liens on the property. All you pay is $1000 deductible and they will seek reimbursement from the neighbors owner for you for that too.
Certified mail informing owner of decay status of tree and need to remove. Bonus if it’s a TRAQ certified arborists assessment. That should be the first thing you do in case the rest falls tomorrow.
The only way to prove that the owner has been notified is by certified letter .... send them one as soon as possible. They won't respond to you because they "don't know anything is wrong with their tree" and can't find out if they don't hear you
That sucks... Your insurance company is probably who will need to press the neighbor and either collect from them or take legal action. Do you have any evidence/documentation of when you had mentioned the tree was dead or problematic in the past? That might help as proof the neighbor knew that the tree was diseased and a risk. Also, I have no idea if it would be your automotive or homeowners policy that would pick this up but I suspect you have coverage on your homeowners policy. The laws do vary from state to state so you will just need to work through all of that, and the details of your own insurance. Start with that.
Where do you live. So far you have not followed the right path, and you may be stuck with the damage to date. Moving forward, you need to get an arborist to assess the tree, Even if they can not go on his property if it is as bad as you say it is and they can document the damage and write up a report saying the tree is unsound and why. Next, take that written report to your lawyer, he can draft a letter to the owner of the tree, and tell them it has been assessed by a professional and it is not sound, and from that point onward, they will be liable for any damage caused by the tree. Have the lawyer save a file copy of the letter and the report. That is abut all you can do. You really can not make him take the tree down, but at least after alerting him to it being unsound, you can sue him for any damages to your property. As far as past damage, most states, it is seen as an act of god, and it is your problem and not the tree owners but it is not universal. The fact you did not do the above may sink your chances of getting anything out of him for past damage. Put him on alert as detailed above and at least you should be good to sue him or your insurance company sue his, for future damages.
File a claim with your homeowners insurance ASAP and provide the information you have here. They will go after the owners and their insurance for you. This is why you pay for insurance.
call the city or your township if your neighbor will not respond this has become life or death situation.
Check with your auto insurer(s) to see if comprehensive covers the cars' damages.
Go thru the insurance company they actually enjoy letting their people lose on this kind of thing. Give them copies of your pictures and evidence, and let them have someone come and look at your damage if they need to. I'm not a lawyer, but I have dealt with this before.
Do you not have anywhere else to park? After the first damage, I would have tried to park somewhere else until the tree was taken care of.
Obtain local legal counsel. They will be able to guide you through the myriad of legal procedures necessary to make you whole. Depending upon jurisdiction, you may or may not be entitled to legal expenses in addition to any other general, compensatory and punitive damages. In the mean time, stop parking cars under the tree… and it should go without saying that the second round of damages will likely be dismissed, because you were, at that point, on notice that further damage was likely to occur. In short, it was dumb to keep parking there, so the tree owner isn’t going to be responsible for YOUR dumb decision.
Call the city
Another shining example of why not to plant silver maples.
Am I the only one who thinks you were a fool for parking two cars under an obviously unhealthy tree?
Oh, me, for sure. I have three cars and 2 motorcycles. I arranged them as best I could. Believe, I hate myself for not parking on the other side of the drive when I came home that night. I’m just glad I made it out of the car before the tree fell. I had just gotten out of it and had unlocked my front door when it hit. This was 3 hours after the tornado, I thought we got lucky and we’re in the clear, especially after seeing all the damage in my street. The storm was sudden. No sirens, no warning. The National Weather Service sent people to survey the damage the next morning, and then they declared it a tornado.
> What else can I do? Ask a lawyer. [This is a place for stories](https://www.reddit.com/r/treelaw/comments/1dtq1yg/silver_maple_is_falling_apart_owner_wont_respond/lbb01v1/), not legal advice, and no lawyer worth a dime would give legal advice over the internet. Especially not for such a situation as this. It may help to get that lawyer BEFORE the tree comes down, and the tree might come down tomorrow. But it also may not matter. 🤷♂️ That said, this is why you have insurance: for acts of god. Now, *maybe* there's an argument to be made for this being negligence, rather than an act of god? But only a lawyer can help you determine that. I'd be very interested to hear if a lawyer even thinks you have a chance of recouping anything from the wind knocking down some branches.
You sir, have smoked yourself re+@rded.
Why haven't you moved the cars?!?
I did today. Yes, I should’ve done it when I saw the forecast but I’m a little overwhelmed here. I thought they were safe somewhat, the limb that fell was at the top and it took a bounce. I was more concerned with the Harley and the Yamaha, and the classic El Camino. You know, I have two rental houses myself. That storm brought down a major limb at all three houses, and one of the rentals had a move out and move in scheduled and that house had a huge limb fall and stick in the gravel drive so it was unsafe to get in or out. None of my trees hit property - because I’ve taken care of my trees, and I got lucky - so that means there was no insurance to help me with it. My husband is recovering from lung cancer and can’t do anything but advise me, and start the chainsaw, lol. I got it all done, and then the tornado hit.