My car was parked in my sister's driveway. A big limb fell out of their tree and hit the roof of my car. The roof of my car was dented in and the side mirror was knocked off. They've known this tree has dead limbs because limbs are always falling out of it. They've even talked about having this tree trimmed or cut down. A few years ago, a limb fell out of the same tree and broke the sun-roof in one of their cars.
Who should be responsible for the repairs on my car?
2007-07-20 04:25:55 · 6 answers · asked by piazzafan56 1 in Cars & Transportation ➔ Insurance & Registration
You can use your comprehesive coverage to pay for the damages. If your insurance company feels your sister is at fault, they will go after her homeowners policy. Then, once that happens (her homeowners will probably pay since she was aware the tree is dying but has done nothing about it), her homeowners insurance will find out there is a hazard on the property (dying tree), they will come out & do an inspection. She will be given a certain amount of time to get the tree taken down (at her expense) & to correct anything else they see at the property. She will have to remedy any situation they ask her to, to their satisfaction and at her expense by the date they ask her to. They will require proof everything has been done. If everything is not done by the time they ask, they will nonrenew her policy & she will have a hard time finding other insurance. For 2 reasons - there was a liability claim & a nonrenewal due to property conditions.
So, I think the BEST thing to do is to either repair it yourself (don't involve your insurance at all), ask her to pay for it at her expense, or ask her to split the cost with you 50/50.
2007-07-20 15:12:13 · answer #1 · answered by Sue 6 · 0⤊ 1⤋
There is also an issue of family harmony. Arguements over money have been known to mess up a happy family.
If the damage is minor, then perhaps you & your sister can get this fixed without involving insurance companies, whose rates might go up after they pay off the claim.
If your sister knew the tree was dangerous, she should not be giving permission for people to park where their cars can get damaged.
Hypothetically, if some stranger used your sister driveway to turn around in, and at that moment the limb fell out and damaged the car, the stranger would be responsible because trespassing without permission.
First question is whether you knew this tree was dangerous and you parked there anyway, in which case it may be you responsible for your own carelessness.
Irrespective of what they knew about the tree, if it is on your sister's property, then is should be covered by her property insurance. If it is growing out of a neighbor yard then it is neighbor property insurance.
If the tree extends over public street, and a limb falls out and does damage to someone there, the person whose yard the tree is growing out of is responsible.
You might also check with your auto insurance, if you have comprehensive included.
2007-07-22 02:30:07 · answer #2 · answered by Al Mac Wheel 7 · 0⤊ 0⤋
Their homeowner's insurance should pay for the damages. If not, you can submit a claim against the comprehensive portion of your car insurance.
One question: If you knew this tree has a history of dropping limbs, why did you park under it?
2007-07-20 12:18:34 · answer #3 · answered by Scott H 7 · 3⤊ 1⤋
your sister's homeowners insurance actually probably WON'T cover the damages considering the tree was known to be dead and they already had a problem w/ it. the company can claim your sister was neglagant and they wont' cover the claim. if u carry comprehensive on your car, your company will pay to fix it and since its a comprehensvie loss, you wont' get charged f/ an accident but depending on the company u may lose a loss-free credit (assuming u have a clean record). otherwise, comp losses don't count against u. it's either that or make your sister pay f/ the damages, but i doubt u want to do that. i would file the claim w/ your auto insurance (if u have the right coverages) and then make your sister pay your deductible.
2007-07-20 12:00:37 · answer #4 · answered by My Pits A Lover Not A Fighter 5 · 2⤊ 2⤋
This is tough, I would say if you have full coverage you can get it covered that, but then your insurance goes up.
On the other hand their home insurance would be liable as well. Then their insurance goes up.
If your sister didn't offer to fix the damage (and she should have) do you think it's worth an argument or sour feelings if you sue her insurance company?
Sometime I really think it's best to bite the bullet, fix it yourself and next time don't park somewhere you see potential dangers. Is your car or your sisters companionship worth more?
2007-07-20 11:36:39 · answer #5 · answered by plastic 7 · 2⤊ 2⤋
Your Sisters homeowners insurance should cover this. If you have full-coverage insurance, your insurance MAY cover it but I would bet they will go after your Sister. The claim would go onto your policy though and could raise your rates in the future.
2007-07-20 11:39:21 · answer #6 · answered by sensible_man 7 · 2⤊ 4⤋
Ever hear of no-fault accidents?
Claim it on your auto insurance policy.
It will go under your comprehensive coverage....your rates won't go up at all.
2007-07-20 12:18:36 · answer #7 · answered by Hekler 4 · 0⤊ 2⤋