I live in an apartment complex and the manager says I need to go through my insurance company for repairs.
2007-10-07 12:14:17 · 10 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
Most folks will tell you the owner of the tree. This is usually wrong.
With tree claims - like all others -it comes down to negligence. Just owning a tree does not make you negligent.
If the tree is healthy - not dead/dying- then the owner of the tree is not responsible. Owning a healthy tree is legal. What did the owner of the tree do that caused the damage? Nothing.
However if the tree is dead - then the owner has a responsibility to know or reasonably have known the tree was dead and has a duty to take it down. Failing to take the tree down is negligence. Now, if it falls on your car, the owner of the tree is negligent.
What makes a tree dead? The point where an average person of average intelligence can look at the tree and say "hey, that's dead".
If the tree was not dead - then your insurance company would pay for the damage to your car under your comprehensive coverage. If the tree is not dead and you do not have comprehensive coverage - then you are out of luck.
2007-10-07 13:00:25 · answer #1 · answered by Boots 7 · 2⤊ 0⤋
If the tree was on the complex's property and was dead/dying and had not been removed, then the complex could be liable. However, if the tree was a perfectly fine, living tree, then you would need to file on your own insurance. Your comprehensive deductible would apply.
Basically like the other insurance folks on here have said, if you would have to prove the complex (or whoever owned the tree) was negligent in some way in order to have them pay for your damage. If you don't have comp and you can't prove the complex is negligent, then you're stuck paying for the damages yourself!
2007-10-08 10:09:35 · answer #2 · answered by Beth 4 · 1⤊ 0⤋
Your apartment manager is correct. Unless you can PROVE negligence on the part of the apartment complex, (i.e; if the management knew the tree was rotten and posed a risk but did nothing about it, they were negligent) then it will be handled under your own comp. coverage.
2007-10-07 21:10:59 · answer #3 · answered by Anonymous · 2⤊ 0⤋
U would have to claim it under you comp coverage as a falling object.. Apt manager not responsible unless tree was dead, or close to falling, and they never removed it, may have coverage under renters insurance, but usally comp would cover it.
2007-10-07 21:48:46 · answer #4 · answered by D.L. 4 · 2⤊ 0⤋
YOU ARE UNLESS YOU CAN PROVE THAT THE MANAGER OR THE OWNER OF THE COMPLEX KNEW THAT THE TREE IN QUESTION WAS DYING OR WAS IN NEED OF SOME TYPE OF MAINTENANCE.
IF IT WAS AN ACT OF GOD THEN JUST FORGET IT AND SUBMIT IT TO YOUR OWN INSURANCE COMPANY.
2007-10-08 11:14:00 · answer #5 · answered by Anonymous · 1⤊ 0⤋
depends on where the tree was growing on the apt. complex property or city property. they should have some kind of liability insurance. your car insurance will need you to check that out first. If you only carry basic liability you will not get anything from your insurance.
2007-10-07 19:20:56 · answer #6 · answered by Aloha_Ann 7 · 0⤊ 2⤋
u live in an apartment complex so the land lord she be the one responsible for the coverages
2007-10-07 19:21:33 · answer #7 · answered by Anonymous · 0⤊ 2⤋
Who owns the tree?
2007-10-07 19:17:09 · answer #8 · answered by Mr. KnowItAll 7 · 0⤊ 2⤋
my experiance with this kind of thing is the owner of app didnt cause it to fall on the car so nobody will make him flip the bill would have to go through ins. comp.
2007-10-07 19:18:37 · answer #9 · answered by lschleichardt 2 · 1⤊ 1⤋
whoever owns the tree
2007-10-07 19:26:14 · answer #10 · answered by Anonymous · 1⤊ 2⤋