Need Help with Legal Situation

Qlone

Tenderfoot
Jul 12, 2014
8
50
Primary Interest:
All Treasure Hunting
Hello,
I have s situation I could use some multiple opinions on what if anything I can do. I went out yesterday morning to hunt an old home site located near a river/canal park. I was there once before and there is some good area to hunt. The problem today was as I got out of my car.and geared up,. A park service officer kindly informed me there was no metal detecting allowed. I never realized the trailhead parking Wich is situated.next to a historical canal lock was actually county Park facility. I know my hunting sit however is not within this boundary. I merely use the parking and trail to get to it.

Not wanting any hassles,. I said thanks and planned on heading to another spot on the other side of town.

Here is where I actually need some opinions. On my way to this second d location I'm driving along down a state owned route I believe. Heavy traffic and wound up at a small traffic jam. Sitting still there in my car for less than a minute a large tree branch comes.crashing down onto my car in the middle of traffic. All I hear and feel is crash and this and see leaves and branches. Thinking more was going to fall I backed up twenty feet out from under the branch.

The branch also hit aother car parked between me and the culprit tree. Traffic stopped neighbors watching police arriving. People said the tree was a Township owned tree in the curbstrip. It was heavily trimmed due to power lines running through it. The first thing out of neighbors.mouths we're that a large regional tree trimming company had just been out months ago trimming some of the trees.

Nobody was hurt and all vehicles were still drivable. Actually I only had heavy scratches and scuff all over my front end and hood. Though I haven't even had the car.for a year. It sucks. My insurance is already setting up my repair assessment process. I had to call the adjuster back and explain that these other parties should be liable no my Insurance. How does this get handled? Somebody could have been hurt badly.. I'd like to make these organizations aware of that. Any legal experts out there? I own the car and would like to get a cash payout for the damage instead of possibly worrying about repairing it. How can I maximise that payout through those other companies...ie township phone company tree trimming conglomerate.
 

smokeythecat

Gold Member
Nov 22, 2012
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Best advice - Just get your car fixed, or take the cash and let it go. That's what insurance is for. You would have to hire an attorney at a few hundred dollars an hour and wind up paying more out of pocket than you could get the car fixed for. $200 an hour adds up real fast. You'd basically have to sue them all, but "act of God" generally means stuff happens. And unless someone is behind a bulldozer pushing a tree over into you, it's |act of God". You would probably have to prove negligence on their part, and do you really want to spend a few YEARS doing that? You'll never maximize a payout in your situation.
 

OP
OP
Q

Qlone

Tenderfoot
Jul 12, 2014
8
50
Primary Interest:
All Treasure Hunting
That might be what I needed to hear thanks!
 

DeepseekerADS

Gold Member
Mar 3, 2013
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What generally will happen is that your insurance will take care of you, then seek recoup from the liable party.
 

smokeythecat

Gold Member
Nov 22, 2012
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Look at the other side - we might be reading your obituary instead of being concerned about fixing a car. I have been rear ended once or twice, clearly their fault. Nothing serious. I just let the insurance take care of it. Our first instincts are to get back or get even or get paid, nothing wrong with that, but sometimes not very practical. Any legal action can take YEARS to play out. That's how the attorneys make their money. My aunt was in a car with me and it got rear ended back in approximately 1969. The freaking case was settled in 2005. I was not injured. She was slightly injured. She got if memory serves $500. Trouble is, she had died in 1991. I have no idea why it took that long. Just thank God you and no one else got hurt. Life is dangerous. Truly glad to hear you're ok.
 

Clay Diggins

Silver Member
Nov 14, 2010
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You need to read and understand your insurance policy.

When you make a claim on your insurance you are assigning your right to recover your losses from a third party to your insurance company. The insurance company covers your loss and they then have the option of getting their money back from whoever was at fault. You do not have the right to sue those third parties for a loss you have already been compensated for by your insurance.

That's the deal you made when you bought the insurance policy. I'm sure you will see that if you read the policy.
 

TheCoinKid

Hero Member
Apr 16, 2013
582
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Once your insurance company has been informed that a third party may be a fault, they will decide whether or not to subrogate against the third party. In any event, the insurance company will process and likely pay your claim, less the deductible. If they choose to subrogate (unlikely due to the relatively small amounts involved) and are successful, then you would recover your deductible.
 

Honest Samuel

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Sep 23, 2015
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If your insurance company will not take care of it, see a great lawyer and take their advice.
 

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