California Personal Injury and Insurance Blog

FAQ: What is an act of God?

Q: A tree fell on my car. Is this an act of God?

A: An act of God is basically a way of saying mother nature caused the accident. For example, in the middle of a tornado, a tree may land on your car. No one is responsible. It is an act of God. Sometimes, just because the wind blows it over, it is not an act of God. For example, if you do not maintain a tree and let it die, then a breeze comes by and the tree falls over, this is not an act of God.

It is always a question of fact, but ask yourself if other trees in the area are down. If so, it is more likely an act of God.

Immigration Questions?

Don't ask me. I stick to what I know: personal injury, insurance and debt. But, I have had a few of you email me or call me with immigration questions. I don't handle immigration work, but I know someone who does.

Bob Kraft has a great immigration blog that you should read. It will answer your questions, and if you need an attorney, you can then call Bob. Tell him I said hi.

FAQ: Can they have to make me keep my car?

Q: My car was a total loss. Can they make me keep my car?

A: It depends. Sorry, I wish I had a definitive answer for you.

If it is the other person's insurance, then they can deduct the salvage value and make you keep it. They have to tell you where they got the quote from and if you cannot sell it for that price, they owe you the difference.

If it is your insurance company, then they will take the car for you.