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After ice storm, tree fell on my car. Will my landlord be liable for the damage?
I rent a house. There is a pine tree that has been dying since before I moved in on the property. Two weeks ago we had a winter storm - freezing rain, below zero temps, wind gusts 30-40 mph. Well, this tree fell over and took out a couple fence panels and the top of the tree landed on my vehicle. It has produced 4 or 5 dings on the hood. My landlord had someone come over and chop up the tree and replace the fence panels. However, he is telling me that the vehicle repair he is not liable for because the tree wasn't dead, and there was no negligence on his part for not having the tree cut down to begin with. And that it will be my responsiblity to pay for the car repair. Is that true? Wouldn't he have insurance to cover it? Why did he repair the fence if he wasn't liable? BTW, landlord is also my insurance agent, so you see it's sticky!
Thanks for any insight you can provide me.
act of God would not be covered in any event so call your auto provider and see what they will do5 years ago
His insurance should cover it, no question. Probably a real bad idea to have the same person as your landlord and insurance agent.by sgtsweetpants - 5 years ago
Home owners insurance will not cover a car. That is why you have insurance. Falling trees are covered under comprehensive.
Call your Auto Insurance agent. Things like this is why you pay them. So you don't have to be bothered with it.
The Auto Insurance company will fix the car and if the Land Lord is liable legally, the insurance company will bill him for reimbursement.
Your auto insurance will cover it, if you carry comprehensive coverage.by src50 - 5 years ago
At first, I was thinking "why would it be your landlord's fault? he's not responsible for acts of God..." But then I read the part about it rotting. Had you mentioned to him that the tree was rotting prior to this incident? Do you have it in writing? If not, he's not responsible for it. I mean... if a plane crashed into your house, he wouldn't be responsible for that either.
Do you not have car insurance? Renters insurance? It's what it's there for!
Your lease undoubtedly has a clause that absolves him of liability for your personal effects in the apartment, but I think he is liable for your car. Insist that he file a claim or go over his head to the company directly. If he gives you too much static, take your insurance business elsewhere.by estielmo - 5 years ago
A tree falling is an act of God and his insurance will not cover the damage to your car. If you have comprehensive insurance on your car, your damages would be covered under this.by Lisa - 5 years ago
Contact an attorney. The landlord has responsibilities to keep the home and property you rent safe.
I have had dying trees cut away form one of my rentals with safety in mind. If you could convince a court the landlord was negligent by knowingly having a hazard in the yard you might have a case, I am not attorney.
Talk to an attorney to see if you have a case.
Such damages are to be claimed on YOUR car insurance provider, under comprehensive coverage. The landlord is not responsible for 'acts of God', under which this situation falls. Hopefully, you carried such coverage. If you did not, then the damages are yours to pay for out of your pocket.by acermill - 5 years ago
that's got nothing to do with your landlord - check with your car insurance company for coverageby Doctor Deth - 5 years ago
We had a tornado in June and the neighbors tree fell on my car...guess what? Landlord wasn't responsible, neighbor who's tree it was wasn't responsible. Who did that leave? GOD! Yep, act of God, so, I had no recourse against anyone except my own insurance policy. You would have had to have documented proof that the tree was dead and needed to be pruned or taken out. After the fact doesn't work. Also, you would have to have written documentation that you brought this up to your landlord...like you sent a certified letter etc to notify him the tree was dead. I know, it sucks, but sometimes, those are the breaks. :0(by ☼AstrologerJuliAnne☼ - 5 years ago