Insurance--tree Fell on Car, Renting Home

Updated on May 02, 2010
M.S. asks from Plano, TX
6 answers

I rent a home. A big branch of the tree in the front yard fell on my car which was parked out front. I have pictures to prove it. Is this a question of car insurance, homeowners insurance, or renters insurance? I live in Texas, if it makes a difference, and my car insurance in Geico. I'm about to get a new car, and add my 15 yr old to my insurance, so I hate to do anything that would make my rates go up. :-0 Added later: It wasn't a storm and I didn't notice any high winds. A couple of years ago the tree got hit by lightning and this branch was near that spot, so I think the tree had just kind of rotted and eventually the branch broke off.

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H.A.

answers from Dallas on

I had this happen to us this time last year - and I live in Texas. It wasn't raining, hailing or anything - but a good gust of wind came by and my Bradford Pear decided it was time to split in half. It totalled out our minivan. My auto insurance covered it. It should not raise your rates, it's considered "an act of nature"... which is not your fault.

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S.H.

answers from Honolulu on

I would think this is a problem of your Landlord?
It is their property/tree/accident that happened upon a tenant's car....
luckily you have photos... of both the car and the tree, and with the branch on the car, and of the tree with the missing limb etc.?

Have you told the Landlord? They own the tree and the property etc.
Car insurance will not cover it, I would think.
Depending on who's tree limb it is, that person's Homeowner's insurance will probably cover it.
Since the tree was located on your property, your homeowner's or renter's insurance may cover it. If not, the homeowner or property owner's insurance may cover it if you can find fault & prove it etc., AND prove neglect of the tree such as lack of pruning thereby causing disease or if the limb had been hanging there for a long time without the property owner taking the proper steps to have it removed, etc. So, while car liability insurance coverage probably does not cover this, your homeowner or renter's insurance may or the property owner's insurance may cover the damage.

Regardless, you need to find out. But, I would find out all that before you call the Landlord maybe... so you already know your rights.

good luck!

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P.R.

answers from New York on

I posed a similar question to my agent when a neighbor's dead tree was in danger of falling on our property. When a tree or a branch falls and causes injury or damage, the homeowner's insurance normally covers it. If the tree or branch belongs to a neighbor and there was negligence (for example, they knew the tree was dead) then the neighbor's homeowners insurance covers it. If not, then the homeowners insurance of whose property it fell on covers it.

The best thing of course is prevention but many people - including landlord and neighbors - prefer to save money and let branches fall where they will so insurance will cover it. This is playing with fire though.

Likewise, attempting to prune back branches yourself from a tree that belongs to somebody else (neighbor, landlord) can make you personally liable as well if the tree or branches were to fall.

If your landlord is not responsive, you need to cover yourself just in case. Contact a local licensed tree company or arborist - they will do an estimate for free for pruning / cutting down the tree and tell you if the tree is dead or not (have them write this down). If it is rotted, send a copy of the quote along with a certified letter (w/ return receipt) explaining that a branch already fell on your car and that you want them to file a claim with their homeowner's insurance to reimburse you for damage.

This letter will protect you in the future in case something worse, God forbid, were to happen and you need to prove that the owner has been put on alert - in other words, he's been negligent.

Granted my agent also said to hire a lawyer but I found that just talking to my neighbor first and explaining the potential risk, and giving him a copy of the quote (keep original), solved the issue ASAP. I didn't even need to send the letter.

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D.W.

answers from Gainesville on

I would start with homeowners that hopefully your landlord has and go from there down the chain-homeowners, renters then auto if you have to.

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A.H.

answers from Tulsa on

How did the tree limb fall? Was it due to wind or was it rotten/dead? If wind, you're probably going to have to file on your auto insurance if you have comprehensive coverage. If liability only, you'll be out of luck. If it was rotten, you'll want to go to the landlord's rental insurance under their liability coverage. Depending on how the policy reads, generally the insurance company will want to see if the landlord should have taken reasonable measures to remove the dead/rotten limb and then decide if they will pay. If it was wind, there's no way the landlord could have prevented that. Your renters policy covers your personal property, not your automobile, so it won't help you. I would just ask first if the landlord will pay out of pocket and see if you can avoid going through the insurance at all. Good luck!

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M.F.

answers from Sioux Falls on

This happened to someone I know. Renter's insurance covered it.

1 mom found this helpful
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