Neighbor's tree fell on my car during storm - can I sue them or does my insurance cover this?

Last week during that big windstorm, a massive oak tree from my neighbor's yard fell directly onto my car parked in my driveway. The car is totaled - 2021 Honda Accord worth about $24,000.

Here's the thing - I've been telling my neighbor for over a year that this tree looked dead and was leaning toward my property. I even sent him a text message 8 months ago saying "that oak tree looks like it's dying, might want to get it checked out." He just said he'd "look into it" and never did anything.

Now he's saying it was an "act of God" and his homeowner's insurance won't cover my car. My own auto insurance says they'll cover it minus my $1,000 deductible but I don't think I should have to pay that when he was negligent.

Do I have a case against him? I'm in California.

California attorney here. The "act of God" defense doesn't apply when there's prior notice of a hazardous condition. Your text message showing you warned him about the dead tree is potentially very valuable evidence.

Under California Civil Code Section 3346 and common law negligence principles, a property owner has a duty to maintain trees and prevent foreseeable harm to neighboring properties. The key elements you'd need to prove:

• The neighbor knew or should have known the tree was hazardous
• He failed to take reasonable steps to address it
• That failure caused your damages

Your text message establishes actual notice. Screenshot it immediately if you haven't already and back it up somewhere safe.

Thanks! I have the text screenshots saved. So should I go after him directly or his homeowner's insurance? And what about my own insurance - should I file with them first?

Former claims adjuster here. File with your own comprehensive auto coverage first - that's what it's there for. Your insurance company will pay out (minus deductible) and then they'll likely subrogate against the neighbor's homeowner's policy to recover what they paid plus your deductible.

The subrogation process can take 6-12 months but if successful, you get your deductible back. Make sure to tell your adjuster about the text message and the neighbor's prior knowledge of the dead tree - this strengthens the subrogation claim.

Arborist here. Dead trees are a known hazard and any competent tree service would have flagged that oak as a removal priority. The fact that you warned him in writing is huge - it establishes he had actual notice of the danger.

One thing that might help: did the tree show obvious signs of death? Missing bark, no leaves during growing season, fungal growth at the base? Take photos of the fallen tree now showing these conditions. An arborist can often tell from the stump and remaining wood that the tree had been dead for a while.

Yes, the tree had no leaves last summer when all the other oaks did. There's also some kind of mushroom growth around the base that's been there for at least a year. I took photos of everything after it fell. Good idea about getting an arborist to look at it - is that worth paying for?

If subrogation doesn't work out or takes too long, you can file in small claims for the $1,000 deductible plus any rental car costs or other out-of-pocket expenses your insurance didn't cover. California small claims limit is $12,500 for individuals.

The text message plus photos of the obviously dead tree should be enough. Judges see these cases regularly and they understand that property owners can't just ignore hazardous conditions.

I went through something similar in Sacramento two years ago. Neighbor's pine tree fell on my fence and damaged my shed. He refused to pay, said it was weather damage.

I filed a claim with my homeowner's insurance, they paid out, and then subrogated against his policy. His insurance eventually accepted liability because the tree had visible rot. I got my deductible back about 8 months later.

Document EVERYTHING and be patient with the process.

To answer your question about the arborist - it could be worth it if this goes to litigation. A written report from a certified arborist stating the tree showed clear signs of disease/death and should have been removed is powerful evidence. Usually runs $200-400 for a report.

However, for small claims over just the deductible, it might not be cost-effective. For the subrogation claim your insurance is pursuing, they'll likely hire their own expert if needed.

I'll push back a little here. "Act of God" defenses do sometimes work even with prior notice if the weather event was truly extraordinary. Was this storm unusually severe? If winds exceeded what's typical for the area, the neighbor might argue that even a healthy tree could have fallen.

Not saying you don't have a case - the dead tree evidence is strong. Just be prepared for that argument.

@DevilsAdvocate_Tom - Fair point but the counter is that a dead tree is inherently more likely to fall in ANY wind event. A healthy oak can withstand 70+ mph winds. A dead one might come down in 40 mph gusts. The neighbor's negligence made the damage foreseeable regardless of the specific storm severity.

Also, mushroom growth at the base typically indicates root rot, which means the tree was structurally compromised and a known hazard.

Quick update: Filed the claim with my auto insurance and they're processing it. The adjuster said my car is definitely totaled and they're working on the payout amount.

I also sent a formal demand letter to my neighbor (certified mail) requesting reimbursement of my $1,000 deductible plus $800 in rental car costs while I find a new vehicle. Cited the text message, included photos of the dead tree, and mentioned California negligence law.

He hasn't responded yet but his wife mentioned he's "talking to his insurance." We'll see.

Good sign that he's talking to his insurance. His homeowner's liability coverage should absolutely cover this if they accept the negligence argument. The text message is really the smoking gun here.

If his insurance contacts you directly, be careful what you say. You can give them facts but don't agree to any recorded statements without understanding what you're agreeing to.

Good discussion here. Just a reminder that this thread contains general information and experiences - not legal advice for your specific situation. Property liability cases can be complex and outcomes depend heavily on specific facts and evidence.

OP, please update us on how this resolves. These real-world outcomes help others in similar situations.

Final update! Great news - my neighbor's homeowner's insurance (State Farm) accepted liability. They're paying my $1,000 deductible directly to me plus $650 of the rental car costs (they disputed a few days but whatever).

My auto insurance already paid out $22,800 for the totaled car, and State Farm is reimbursing them through subrogation.

The adjuster told me the text message was "very helpful" in establishing negligence. My neighbor and I are still on speaking terms - he apologized and said he should have listened when I warned him. He's also having two other trees evaluated now.

Moral of the story: DOCUMENT EVERYTHING IN WRITING. That one text message from 8 months ago saved me $1,650 out of pocket.