City denies claim for man whose car was totaled by tree

“I didn’t think that was fair,” says Renton resident.

A city tree fell on a man’s car in Renton, but the city is not paying for the damages.

Renton resident Steve Childers said in the early evening of May 8, he returned to his car parked near 130 Main Avenue S. after going to the store to find a tree had fallen on his car.

“It got me really good. It smashed my car,” Childers said. “It got the windshield. It got the post the windshield goes up against. It got the hood and it got the fender.”

Childers said the car was parked legally up against the curb, and the tree was in the space between the curb and the sidewalk.

“They are all packed in close together. I don’t know why that one decided to blow over,” Childers said.

Childers said the city removed the tree the next day, and he sent a risk management report to the city along with photos of his car. The city responded with a letter, saying the city would not pay for damages because of a precedent case in Kennewick.

Childers said he was told people are supposed to report when the trees look bad before an accident happens.

“I said, ‘I’m not an arborist. How am I supposed to know what’s a good tree and what’s not?’” Childers said.

When asked for comment, the city gave the Renton Reporter the letter sent to Childers. The letter from Renton Risk Manager Krista Kolaz said the investigation into the claim determined the city had no knowledge of any problems with the tree before it fell.

“According to Wright v. Kennewick, 62 Wn.2d, a municipality is liable for a condition which it did not create only if it has prior notice of the condition and had a reasonable opportunity to correct it. The City of Renton cannot be held liable for defects or hazards that have not been brought to their attention until after an incident occurs,” Kolaz said in the letter. “While the damage to your vehicle is unfortunate, based upon this information, the City of Renton is not negligent in this matter and must respectfully deny your claim.”

Childers said he received an estimate of the damages, and the tree totaled the car with $11,000 worth of damages. He said scrap companies would give him about $650 for the car, which was worth about $10,000.

Childers said he does not have full coverage insurance to cover the car, and relied on his car and a three-wheel mobility scooter due to his handicap.

“I’m on a limited income and that’s the only thing I have, really, is my car. They destroyed it and that’s the end of that,” Childers said. “I didn’t think that was fair.”

The tree totaled the car with more than $11,000 worth of damages. Photo provided by Steve Childers

The tree totaled the car with more than $11,000 worth of damages. Photo provided by Steve Childers