This Is What A Tree And My 540 Look Like!!

[540inewbie]

222874

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SO F%#@&*%G SAD!!!!!!

And I only had liability, dumb ass!!!!!

[cbouchez]

OMG I'm so sorry!

[540IForMe]

Ouch!! How did that happen??

Can I get your headlights?:devillook

[540inewbie]

I'll let u know after i get an estimate...................

[JaDwa]

Ouch :/

[rocketwagon]

Did you hit the tree, or were you parked and the tree fell on your car?

[Buildscharacter]

Oh man that sucks...Good luck with the estimate.

[bmwtechie17]

man i hope that tree is okay.

[weasel like]

That is no fun. Sorry to hear about your ride. Insurance is like that though... if you only opt for the minimum, the maximum damage will happen. Just look at New Orleans, I bet almost none of those people had flood insurance. :shifty Crappy luck though, I hope you get some money reimbursed.

[ttgxc]

If your car is worth more than $5k, I personally would pay from comprehensive. Especially since you obviously put money into that car and it may be your only mode of transportation.

[Wolfen]

Agreed. Comprehensive should cover this.

[FP5241]

Ouch!! How did that happen??

Can I get your headlights?:devillook

VULTURES!!!!!!!!!!!!!! :mad ;)

I'm so sorry man... I cant imagine what that must feel like to see your car like that... :( :( :(

I won't flame you for liability... you've suffered enuff.
:(

[amancuso]

All I can say is :(

[jonathanvictory]

is it a ficus tree? hehe!

[540IForMe]

is it a ficus tree? hehe! lol

Good luck man with whatever route you take.

[sauzajw]

That absolutely sucks! Watch yourself, things like that usually come in threes. One down, two to go.

[M3UOND]

I can has story?

[Jim530i]

Looks like a tree fell on it. Whoever the hell is in charge of the property there should pay the damages. If its government property, sue the city...

Its not your place right?

[jamesdc4]

:needpics
Replace the word, "pics", with the words, "A STORY"!

My condolences.

[Brewtech]

That absolutely sucks! Watch yourself, things like that usually come in TREES. One down, two to go.
fixed

[Brewtech]

that blows man. the property owner's insurance should pay.

[mookish]

A tree falling is not the basis for a lawsuit unless you can show some neglect on the part of the property owner. Sometimes having full coverage is not worth it if the book value of your car isn't that much, you could end up paying the cost of the car in premiums. And from the looks of the pics, you may only need a windshield and a hood. If you go aftermarket it won't cost much at all. It's not that bad, definately not totalled.

[ttgxc]

Looks totalled to me. The roof appears to be smashed in the rear passenger side. You can see part of the moonroof rails bent up over the driver.

[mookish]

Looks totalled to me. The roof appears to be smashed in the rear passenger side. You can see part of the moonroof rails bent up over the driver.Ok, well if that's totaled, sell it to me.

[e39dream]

Well that's going to need a lot of buffing. I have a roof for that thing if you want to fix it. If not I might want to buy it if the price is right.

[RXWLLMSS]

is it a ficus tree? hehe!
HAHAHAHAHAAH. I'm sorry :eek:

[98 528i]

Isn't it an "act of God." A large tree branch went through my sister's windshield about 8 years ago, and that's what it was deemed, rates never went up I don't think. Then about a year later she parked under the same tree and the same thing happened and they dropped her soon after.

[ViolinARC]

The insurance company would definitely total it but it appears that you are parking next to a city or state park. Was the tree on the hill or beside the sidewalk? If it was near the sidewalk, then most likely they have been cutting the roots to prevent them from damaging the sidewalk. What this does is weaken the structural integrity of the tree itself, causing it to fall becasue of the lack of a proper root system. Don't just take pix of your ride but make sure you take several different angles of the tree and it's root system as well. Even if the tree was on the hillside, it should have been properly maintained to prevent that scenario from ever happening (properly trimmed, etc.). They are liable for part of the cost of your damage due to neglegence but most likely you won't be able to get anything out of it. Ask me how I know for sure.

Sorry it happened to you (makes me feel sick inside) and GL...

[ViolinARC]

Isn't it an "act of God." A large tree branch went through my sister's windshield about 8 years ago, and that's what it was deemed, rates never went up I don't think. Then about a year later she parked under the same tree and the same thing happened and they dropped her soon after.
That is SUCH a crock of :bs and just a clause they can use anytime they don't feel like paying up. If you really believe, then everything that happens is an "act of God" so that clause has always set off my BS Meter (so what if you don't believe in God?). So far the insurance companies are winning at the game of screwing the consumer. My home policy doesn't cover flood or earthquake damage along with numerous other "little" things including all "acts of God" so why do I have insurance again? Wind damage, act of God, tree falling, act of God, hurricane, act of God, tornado, act of God, piece of space junk falling out of the sky, act of...hmmm? :devillook

IMO, a tree falling over when planted on a piece of land that is supposed ot be "maintained" falls in the negligence catagory. There is a reason landscaping and gardening services exist, to "maintain" trees, shrubs, etc. so that they don't drop branches or fall over on the ppl walking under them, which would most likely kill or maim an individual. If you had been in your car or exiting just as the tree fell, you most certainly would have been injured so who would be liable then? Whoever was supposed to maintain the landscaping on the property the tree was planted on. Sorry...I'm finished ranting!

[98 528i]

That is SUCH a crock of :bs and just a clause they can use anytime they don't feel like paying up. If you really believe, then everything that happens is an "act of God" so that clause has always set off my BS Meter (so what if you don't believe in God?). So far the insurance companies are winning at the game of screwing the consumer. My home policy doesn't cover flood or earthquake damage along with numerous other "little" things including all "acts of God" so why do I have insurance again? Wind damage, act of God, tree falling, act of God, hurricane, act of God, tornado, act of God, piece of space junk falling out of the sky, act of...hmmm? :devillook
They did end up covering it though...I don't know all the details of what she went through to get it sorted out though.To the OP if they do try to pull this on you stand your ground, and let them know you'll get your lawyer involved if needed.

In the law of contracts, an "act of God" may be interpreted as an implied defense under the rule of impossibility, i.e., the promise is discharged because of unforeseen, naturally occurring events that were unavoidable and which would result in insurmountable delay, expense or other material breach. In other contracts, such as indemnification, an act of God may be no excuse, and in fact may be the central risk assumed by the promisor, e.g., flood insurance or crop insurance; the only variables being the timing and extent of the damage. In many cases, failure by way of ignoring obvious risks due to "natural phenomena" will not be sufficient to excuse performance of the obligation, even if the events are relatively rare, e.g., the year 2000 problem in computers. Under the Uniform Commercial Code, §2-615, failure to deliver goods sold may be excused by an "act of God" if the absence of such act was a "basic assumption" of the contract, but has made the delivery commercially "impracticable".

[ViolinARC]

They did end up covering it though...I don't know all the details of what she went through to get it sorted out though.To the OP if they do try to pull this on you stand your ground, and let them know you'll get your lawyer involved if needed.

In the law of contracts, an "act of God" may be interpreted as an implied defense under the rule of impossibility, i.e., the promise is discharged because of unforeseen, naturally occurring events that were unavoidable and which would result in insurmountable delay, expense or other material breach. In other contracts, such as indemnification, an act of God may be no excuse, and in fact may be the central risk assumed by the promisor, e.g., flood insurance or crop insurance; the only variables being the timing and extent of the damage. In many cases, failure by way of ignoring obvious risks due to "natural phenomena" will not be sufficient to excuse performance of the obligation, even if the events are relatively rare, e.g., the year 2000 problem in computers. Under the Uniform Commercial Code, §2-615, failure to deliver goods sold may be excused by an "act of God" if the absence of such act was a "basic assumption" of the contract, but has made the delivery commercially "impracticable".
Damn...legal-eze! :evil2

Glad to hear that she did get them to pay up...

[charlie boy]

...ok boys and girls what did we learn today? ''never park under a tree''. so sorry dude

[Stack24]

...ok boys and girls what did we learn today? ''never park under a tree''. so sorry dude

Reminds me of that commercial where the guy goes and parks in the middle of no where so people don't mess with his car and as soon as he gets out a meteor hits his car.

Damn that must suck. Sorry to see that happen to a fellow E39'er

[BlackSapphire]

Why can't you tell us the story?

[RXWLLMSS]

I call rims!

[Gumbi4u]

Why can't you tell us the story?

you know why?

Because its probably BS.

I know if god forbid, this happened to me, the story would have been written with great detail.

[98 528i]

I missed the part where you only had liability, forget everything I said.

[racerx0911]

I missed the part where you only had liability, forget everything I said.
lol... but this sucks either way...