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playsoutside | Homeowners vs. Auto Insurance? |
So last night a huge tree branch fell on my car in my driveway. My car insurance is expired and I'm wondering if my landlord's homeowners might cover it. The tree is on his property and he had just told me the day before that he wanted to get someone out to cut it way back. Do I have a leg to stand on or am I out of luck? |
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bbumple
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This is a liability exposure on your landlord's part, as he is the owner of the property that caused the damage. You should file a claim against his commercial general liability policy. They will determine if he is liable or not. If he is found to be liable for the damage they will pay for the repairs. There is no need to sue anybody, just file a claim and see what happens from there. The adjuster who handles it from his insurance company will just ask if it was rotten and if it looked like it needed to be removed, if this is the case he is liable and his insurance will pay. I am an adjuster and we pay these claims when there are obvious signs of rot and if the owner of the property knew of the problem. If it is a healthy tree and there was no way of preventing it on your landlords part, he is not liable. Good luck. |
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mbrcatz
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Nope, the landlord's homeowners won't cover it. Your comprehensive coverage will - falling objects is covered under the comprehensive section.
IF the tree was rotten, AND the landlord knew it in advance, AND you can prove it in a court, you can try to sue him to get coverage, but it's pretty darned hard to prove that 1. the tree was rotted AND that the landlord had knowledge that the tree was rotted.
Sorry. |
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mamatohaley+1
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mbrcatz is correct |
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Ron@InsureMe
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I found a news story online talking about this situation:
Neighbor against neighborApril 2, 2006 - A Sylvania man's car is destroyed after a huge rotted tree fell on it. The bigger problem is the tree belongs to the neighbors and their insurance won't cover it.
It's putting neighbor against neighbor.
Charles Caldwell says he was sleeping when he heard a loud crash, and when he want outside, he found his car smashed by a rotting tree.
The tree has been lying there for nearly 3 weeks. Caldwell says this tree sat on the neighbors property so it's their responsibility to pay for the removal.
But the neighbors are telling him it's his responsibility to clean up part of it since it fell onto his driveway.
Caldwell says their home insurance told him they won't pay for it, unfortunately he says his car insurance had expired.
The owner of the car says this wasn't the first time this tree has caused damage. A few years ago a limb fell from this same tree causing damage to another car of his. Luckily, that one was covered by his insurance. We did try to talk with the neighbor; however, no one answered the door.
Ron @ InsureMe http://www.insureme.com/landing.aspx?Refby=614996&Type=auto |
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nodemo04
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Sorry, you are s.o.l., Renters insurance may have helped, but I doubt it. Auto insurance expired ?too bad, now if you were injured as a result,........Mr. Landlord would be liable. Hows your back feel now ? |
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mytwodogs60463
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Your homeowners should cover that if you were properly protected. When there is a storm that is what homeowners is there for. I had lighting hit my house and it went through the entire house and damaged my property. The insurance company had to pay for all the damages. |
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Princess
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I hate to say it but mbrcatz17 is absolutely correct! I'm an insurance agent of 9 years and she know what she's talking about! |
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Tunka
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First of all no Homeowners policy will cover you when you rent the property your landlord should have a dwelling policy not a homeowners policy for rented property.Two, your landlord would be the responsible party if you can prove he in fact knew about the rotted tree.Good Luck. |
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