Auto Insurance Claims: AUTO INSURANCE, trunk of my car, act of god

Question
I LIVE IN A APARTMENT COMPLEX AND BRANCHES HAVE BEEN FALLING FOR SOMETIME NOW DUE TO THEM BEEING UNMAINTAINED. A COUPLE OF DAYS AGO WE HAD A LITTLE ICE STORM AND SEVERAL HUGE BRANCHES FELL FROM A TREE IN MY DRIVEWAY AND ONE OF THEM LANDED ON MY CAR IT BROKE THE BACK WINDOW AND DID A GOOD AMOUNT OF DAMAGE TO THE SIDE AND TRUNK OF MY CAR. I TOOK PICTURES OF THE BRANCHES THAT WERE ON AND AROUND MY CAR AND OF THE DAMAGES IT OR THEY CAUSED. THE INSURANCE COMPANY DOESN'T KNOW IF THEY WILL MARK IT AS TOTALED. I SPOKE THE INSURANCE AND WAS TOLD THEY COULD TRY TO PERSUE THE APARTMENT COMPLEX FOR THE COST OF DAMAGES. BRANCHES HAVE BEEN FALLING FROM THE TREES AROUND MY DRIVEWAY FOR QUITE SOMETIME, BUT I HAVE NEVER HAD ONE DAMAGE MY CAR. A COUPLE OF DAYS LATER AFTER THIS INCCIDENT ANOTHER HUGE BRANCH THAT WAS THE SIZE OF A TREE LANDED IN MY DRIVEWAY AGAIN, HAD MY CAR BEEN THERE IT WOULD HAVE BEEN DAMAGED ONCE AGAIN. I WOULD LIKE TO KNOW WHAT IS THE LIKELY HOOD THAT THE COMPLEX WOULD BE HELD RESPONSILE OR WHAT CAN I DO DO TO MAKE SURE THAT THEY ARE RESPONSIBLE.  I FEEL HAD THE TREES AROUND THE AREA BEEN MAINTAINED THIS WOULD NOT HAVE HAPPENED.  I UNDERSTAND BRANCHES WILL FALL SOMETIMES BUT THESE ARE THE SIZE OF TREES THEMSELVES AND ARE CLAERLY DEAD BRANCHES AND IN MY OPINION A HAZARDOUS PROBLEM.  
PLEASE HELP I REALLY DON'T KNOW WHAT TO DO.

Answer
Hi Jessica,
Does your apartment complex have a resident manager or owner?  The situation of the falling tree limbs should have been reported to the manager/owner as soon as it started happening.
Under most situations, a fallen tree or limb is considered
'an act of god' and the owner of the tree is not responsible.
The liability falls back to the owner when he is aware that there are dead or dying limbs and when there are trees that he has failed to properly maintain.
Many trees were not designed by nature to support heavy limbs throughout the winter, especially in areas where there is a lot of ice that forms on the limbs.  These trees must be trimmed every fall, not only to keep the limbs from falling but also for the health of the tree.
Since you now have your insurance company involved in the situation, they should be able to fully recover from the property owners insurance.
Anytime that you notice a dead or dying tree or limb, make a report to the manager/owner of the situation and then keep a record of whom and when such notification was made.
This will be a big help if you should ever suffer damage from a falling limb.
I hope this has been of help.  Please write again if I can provide more assistance.
Your feedback by rating my question will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area 12-06-07 12:05 PM PST