We had a storm with straight line winds that knocked over a huge tree on both of our homes and my car. I know that my car will be deemed totaled, however, since I haven't been driving, I didnt have comprehensive coverage, so my insurance won't pay me out.
I've been told by several people that her HOI is supposed to pay for my car since it was her tree, but I can't find anything solid relating to that.Anty advice? Thanks!!
Car totaled byneighbors’s tree falling during storm – who pays?
byu/CoriiSirenOfficial inInsurance
Posted by CoriiSirenOfficial
5 Comments
The people who told you that are incorrect. Unless your neighbor was negligent they are not liable. If the tree just fell and they were not put on notice that the tree needed to come down through an arborist or something like that they are not negligent.
Unfortunately I think you are on your own here. Comprehensive coverage is very cheap compared to collision. Even if you aren’t driving it’s not a bad idea to leave that coverage on. Hard lesson learned but I don’t see their home owners insurance being liable for the damage to your car or home unless there was negligence.
Those “several people” are likely wrong. Was the tree diseased/dead? If so, did your neighbor know and take no action within a reasonable time to prevent it from falling? If the answer to either is no, then they aren’t liable.
This exact scenerio happened to me a few years ago and I had to use my own car insurance. What happened to your car is considered an “Act of God” so therefore your neighbor isn’t liable.
typically the homeowner’s insurance (HOI) of the neighbor whose tree caused the damage would cover it. You may need to discuss the specifics with your neighbor and possibly file a claim through their insurance
Not driving has nothing to do with comprehensive coverage. In fact, it’s the opposite; when a car is not being driven, all other coverages except for comp are removed.