The tree in in my neighbors yard and it fell on my car as I was reversing out of my garage. Should the City pay for it or my neighbors Home Owners Insurance? Please help me out with this one this is my first car and I'm only 17
2007-03-22 07:04:02 · 14 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
It's interesting what people think regarding trees falling onto others' property.
The question that has to be answered is whether a reasonable person/homeowner would expect that the tree was likely to fall. Was it dead and obviously rotted? Had anyone asked them to have it taken down? If so, then they are on notice of a hazard and if they failed to take action, then they are legally liable for damages or injuries that arise from their negligence.
HOWEVER, if there was no prior warning, if the tree was perfectly healthy and wind or lightning brought it down, or the ground got so soft/wet that the tree was not supported and fell- then, there was no negligence on the part of the neighbor. Having a tree on your property does not automatically make you at fault. If the weather caused the tree to fall, this is what is known as an act of god. Your neighbor does NOT owe you anything because they did nothing wrong.
Your car insurance can pay the claim as a comp claim, and if they feel that the neighbor is liable, they can try to get reimbursed as well as getting your deductible back. If the neighbor has homeowner's insurance, they can submit a claim too and see if their company finds negligence.
Best of Luck
2007-03-22 07:58:45 · answer #1 · answered by londonmh 2 · 4⤊ 0⤋
Gotta go with londonmh on this one. Great answer well laid out. In order for the neighbors policy to pay for it there has to NEGLIGENCE on the part of the neighbor. If the city or your parents told him the tree was rotting and was a hazard and he ignored the warning that would constitute negligence.
Their homeowners policy will not pay for your damages just because the tree is on his property. The insurance company insures the neighbor and his family for their negligence not the tree.
Let your company pay for the damages under your comp coverage and move on unless the neighbor was negligent.
2007-03-22 12:56:08 · answer #2 · answered by fighting saints 6 · 0⤊ 0⤋
Neither. Unless the tree was considered a hazzard and the owners refused to remove it then this is just an unfortunate act of God. Your comprehensive coverage will pay for the damages.
2007-03-22 11:15:34 · answer #3 · answered by Anonymous · 1⤊ 0⤋
I don't see why the city would have any responsibility for this event.
If the tree was in your neighbors yard and it fell on your property, the responsibility lies with your neighbor. You may be able to get your insurance company to cover it as an "act of God", in which case, it should be covered by your comprehensive insurance (which means there is no deductible and they will pay for all of the damage).
The city isn't responsible for acts of God or for any trees that aren't on public property. I would recommend that you contact your insurance company and tell them what happenned. They will tell you who is responsible and/or work out the compensation for your damages. Good luck!
2007-03-22 07:17:43 · answer #4 · answered by Tunsa 6 · 0⤊ 3⤋
Londonmh is correct.
The neighbor would somehow have to be liable for the tree falling on your car (they knew it was rotting and going to fall and just hadn't take it down). If it was any other reason that it fell it would have to be covered by your comprehensive coverage on your policy
2007-03-22 09:41:38 · answer #5 · answered by blb 5 · 1⤊ 0⤋
Typically your neighbor's homeowner's coverage should pay for this, since the tree sits in their yard and is deemed their property and responsibility (whether they want to admit it or not).
If your neighbor for some reason has no homeowner's insurance, you can file it under your own auto coverage. Your comprehensive deductible would apply (assuming you have comp on your car).
2007-03-22 07:14:47 · answer #6 · answered by Beth 4 · 0⤊ 3⤋
If their homeowners covers it, great. More than likely, the city will do nothing about it because it is in the yard, not the street. If not, your car insurance will pay it if you carry comprehensive coverage.
2007-03-22 08:00:42 · answer #7 · answered by Cynthia D 3 · 0⤊ 1⤋
Neighbors home owners insurance should cover it..UNLESS the tree feel as an act of god then its the city's responsiblity but mostly the neighbors. Hopefully you were not at fall and actally hit the tree causing it to fall and then it would be your responsiblity to pay for your own repairs and the replacement of the tree
2007-03-22 07:10:40 · answer #8 · answered by Anonymous · 0⤊ 3⤋
Some times your insurance pays for stuff like that.
2007-03-22 07:12:51 · answer #9 · answered by tdude09 4 · 0⤊ 1⤋
This part of your insurance that can help. Go to your insurance agent and they will tell you who is responsible. It could be your neighbor needs to pay but I can't be sure, but you insurance agent or company well.
2007-03-22 07:14:20 · answer #10 · answered by Really ? 7 · 0⤊ 2⤋