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- Go to Bill For $5,000
Their insurance company can try to call your son's insurance company... but your son is under no obligation to pay out of his pocket. The owner of the car's insurance pays for this type of damage.
They have NO lawsuit... unless this neighbor has made complaints that the tree was damaged or unfit to your son. And son didn't do anything about it. But still, they also already put the claim in to their insurance... and it was covered. It would be a battle for the insurance company to seek reimbursement, not the individual.
posted by
-blackcat
on August 11, 2017 at 11:52 AM
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I would not pay either. it was an act of god at the very least never mind their own ignorant behaviour.
posted by
Kabu
on August 10, 2017 at 1:42 PM
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He certainly should try I think it was a cheek of the company to pay out and then try it out on your son, perhaps they will forget about it if it means court action, bad for business and they may not win. One has to use a bit of discretion when a storm is brewing. Who would think of parking under a tree. 
posted by
C_C_T
on August 10, 2017 at 10:16 AM
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It sounds like P.D. has some less than desirable neighbors at that house...It does seem odd that they would not have availed themselves to their garage.
posted by
FormerStudentIntern
on August 10, 2017 at 9:03 AM
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You see cases like this on Judge Judy every once in a while.
I hope he wins the case, or at the very least that he enjoys the contest. Some people love litigations.
posted by
Pat_B
on August 10, 2017 at 8:11 AM
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Yes this is An Act of God.... you can't hold a human being responsible for it.A very interesting Hindi film was made on this subject.
posted by
shamasehar
on August 10, 2017 at 6:54 AM
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TAPS
Those people are greedy, and I wonder how the law will consider 'over-and-above' compensation for, as Naut said, Acts of God, etc. If anything, they were negligent by not using their garage and choosing to park under a tree after there was a storm warning issued. 
posted by
Sea_Gypsy
on August 9, 2017 at 9:01 PM
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That's common law, not come on law, LOL
posted by
Nautikos
on August 9, 2017 at 7:27 PM
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TAPS
I think it's ludicrous - I don't think they have a case. How can they show negligence on your Son's part? In this country the Law recognizes Acts of God, based on the English com.on law, and I don't think they would stand a chance. Of course US laws may be different, but still...
posted by
Nautikos
on August 9, 2017 at 6:42 PM
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There are those people who share our world, and who are out to get what they can get at another's expense. I imagine he will be very eloquent in court, and will win, and would love to hear the result of this.
posted by
adnohr
on August 9, 2017 at 6:19 PM
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