No big storm,tornado or lightning. just some wind and a little rain drizzle. The tree was not dead to our knowledge.
luckily nobody outside was hurt.
My question is- is the city any way responsible for helping cover or covering my deductible of my car. Damage was 3500.
I attempted to call the city but the person was out until Mon.
I live in Minnesota.
2007-10-19 08:34:01 · 9 answers · asked by LuvnLife 3 in Business & Finance ➔ Insurance
The tree belongs to the City.
2007-10-19 08:41:41 · update #1
Homeowners should cover most of the cost. if the tree was on city or county property, then yes, send them police reports etc.
2007-10-19 08:39:00 · answer #1 · answered by Mr. Prefect 6 · 0⤊ 2⤋
When it comes to tree claims -
In general - when the tree is not dead/dying or sickly - then the owner of the tree is not responsible.
It all comes down to negligence - if the tree is healthy - then just owning the tree is not negligent. However, if the tree is dead/dying/sickly and a reasonably prudent person can see that the tree is dead/dying/sickly and the tree falls on your car - now the owner of the tree is negligent b/c he (being a reasonably prudent person) should have been able to see that the tree was dead/dying/sickly and had it removed.
Even if the tree was in poor health - dealing with the city could be a headache.
The easy way to do this - is file under the comprehensive coverage under your auto policy. If your ins co thinks the city should pay then they will try to collect back from them.
If you don't have comprehensive coverage - go ahead and file with the city - you have nothing to lose.
2007-10-19 18:25:25 · answer #2 · answered by Boots 7 · 0⤊ 0⤋
I doubt you have to prove negligence. My clothes washer leaked and flooded my downstairs neighbor's condo and my insurance covered it. I was not negligent, it was just an accident. I still was responsible, though.
If the boulevard is the city's and they planted the tree, they are responsible. If it was you, a previous owner or the builder, that may be another story. If you rent, it may be your landlord's responsibility.
In any case, if the city refuses to pay, take them to small claims court, sounds like you have a good shot.
2007-10-19 18:11:23 · answer #3 · answered by natethenorsk 2 · 0⤊ 0⤋
No, they aren't. This is a comp claim on your policy - falling objects is covered under Comprehensive coverage of your car insurance policy.
Even if it was NOT owned by the city, the owner of the tree is not responsible, unless they were cutting it and made it fall on your tree.
Homeowners policies NEVER EVER EVER cover damage to a car. Ever.
2007-10-19 23:40:27 · answer #4 · answered by Anonymous 7 · 0⤊ 0⤋
It is going to go under your auto policy unless you can prove negligence on the part of the city. Had they been notified that the tree was not healthy and not taken care of it? If not you will be responsible. Your homeowners will NOT cover this loss. Homeowners does not cover your vehicle.
2007-10-19 16:06:03 · answer #5 · answered by Karen B 2 · 0⤊ 0⤋
Typically the trees on the boulevard are still considered your property. Your property usually extends into the middle of the road or street. Unless it may be an area where the street is split and down the center is grass and trees, then I think that is the cities responsiblity.
I am doubting that the city will help you with anything. But good luck.
2007-10-19 15:40:09 · answer #6 · answered by Cate 4 · 1⤊ 1⤋
Homeowner's insurance would not cover it, but your auto insurance should if you carry comprehensive (non-collision) damage coverage.
You can also file a claim with the city if you think you have a valid case that the damage is due to city negligence. They may or may not approve it. If they disapprove, you could then sue, but thats not a realistic option for such as small claim.
2007-10-19 16:17:32 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Obviously nobody is reading that your car was damaged by a city tree. Unless you can prove negligence you're going to have to rely on your own Auto policy. I would definately try to get the city involved and see what happens, but don't count on it.
2007-10-19 16:03:23 · answer #8 · answered by mrsdeli 6 · 1⤊ 0⤋
You are most likely going to have a hard time with this case. I've learned when my oak tree fell that this is considered "an act of god" and out of their hands. Unless you can prove negligence which is next to impossible. This will most likely be handled by your homeowners policy and you will be responsible for the deductible.
It stinks...I know but that's exactly what happened to me.
2007-10-19 15:44:53 · answer #9 · answered by sweetassgal 3 · 0⤊ 1⤋