Is a tree falling on a car in a McDonalds parking lot an "Act or God" or is their insurance company lying?

get comprehensive insurance next time....
Fighting McDonalds could end up costing ten times the value of your car...
Good Luck and I hope you win......I can't stand McDonalds...

Contact a lawyer.

Negligence: Key word,, you would have to be able to prove,
McDonalds had prior knowledge the tree was diseased
and weak and in need of removing, Should they have known
this and not taken proper action, then you have a case. Also
the city and or county and or state could be held libale also.

Well don't you think that depends on the circumstances.

1. A storm blew the tree over - Act of God.

2. Workers from McDonald's were cutting the tree - Fault of McDonalds

3. The tree fell over from infestation and age - Either negligence of the city or McDonalds' if either knew of or had opportunity to know the tree was a danger and failed to act.

The answer to your question depends on the location and condition of the tree. First, is the tree actually on McDonald's property? If it is, did McDonald's have any reason to suspect that the tree might be a hazard? If they were aware the tree was a potential hazard but did not take corrective action, that would be negligence. However, if the tree had been properly cared for, (pruned, etc.), and was toppled by high winds, they would not be considered negligent.

If you want to pursue the case, you don't have to accept the determination of McDonald's' insurance company. You can hire a lawyer to investigate the circumstances that lead up to the damage. If you can establish that the tree was an accident waiting to happen due to negligence, you'll have a case.

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