If the tree was healthy when it fell — then your neighbors and their insurance are not responsible for the damage to your car. They are only responsible if the tree was dead/dying.
It all comes down to negligence — if the tree is healthy and something causes it to fall – then the owner of the tree did nothing wrong.
If the tree is dead/dying and the owner does not take it down and it falls — now the owner is negligent.
If you do not have comprehensive coverage on your car – then your auto coverage will not pay for the car.
Your homeownwers policy will not pay for your car.
So – the the tree was healthy and you did not have comp coverage — then you suck it up and pay to replace your car. When decided to carry liability only — you accepted responsibility for any damage that happened to your car — that you would pay for that. Well….that something has happened.
If the tree fell due to the weather, your car insurance should cover the damage less your deductible if you have comprehensive coverage. If you don’t have comprehensive coverage, you’re out of luck.
If the tree fell because it was dead, and the property owner did not take care of the situation, their homeowners insurance should cover it under liability. Their homeowners insurance will not cover it if bad weather caused the tree to fall.
This is where you’re at……if the tree was dead and your neighbor didn’t take care of it and remove it, then it would be your neighbor’s insurance to cover the damage. If that’s not the case, then you would need to cover your vehicle for comprehensive. You never said why the branch fell on the car but if it’s weather related, and the tree was healthy then you can’t expect anyone to be responsible for an act of God.
In other words, you don’t carry comprehensive coverage on your auto insurance? In that case, you are probably out of luck. You can’t file a claim with someone else’s insurance.
七月 22nd, 2009 at 11:06 上午
If the tree was healthy when it fell — then your neighbors and their insurance are not responsible for the damage to your car. They are only responsible if the tree was dead/dying.
It all comes down to negligence — if the tree is healthy and something causes it to fall – then the owner of the tree did nothing wrong.
If the tree is dead/dying and the owner does not take it down and it falls — now the owner is negligent.
If you do not have comprehensive coverage on your car – then your auto coverage will not pay for the car.
Your homeownwers policy will not pay for your car.
So – the the tree was healthy and you did not have comp coverage — then you suck it up and pay to replace your car. When decided to carry liability only — you accepted responsibility for any damage that happened to your car — that you would pay for that. Well….that something has happened.
七月 22nd, 2009 at 2:42 下午
If the tree fell due to the weather, your car insurance should cover the damage less your deductible if you have comprehensive coverage. If you don’t have comprehensive coverage, you’re out of luck.
If the tree fell because it was dead, and the property owner did not take care of the situation, their homeowners insurance should cover it under liability. Their homeowners insurance will not cover it if bad weather caused the tree to fall.
七月 22nd, 2009 at 8:21 下午
This is where you’re at……if the tree was dead and your neighbor didn’t take care of it and remove it, then it would be your neighbor’s insurance to cover the damage. If that’s not the case, then you would need to cover your vehicle for comprehensive. You never said why the branch fell on the car but if it’s weather related, and the tree was healthy then you can’t expect anyone to be responsible for an act of God.
七月 23rd, 2009 at 1:36 上午
I would try the homeowners association. Also, you could report it to your insurance, then let them figure it out. Either way, Good Luck!
七月 23rd, 2009 at 4:28 上午
In other words, you don’t carry comprehensive coverage on your auto insurance? In that case, you are probably out of luck. You can’t file a claim with someone else’s insurance.
七月 23rd, 2009 at 8:45 上午
call your homeowners and let them sort it out