1. Branch Owner, TWFG Insurance Services, Fremont California and the Greater Bay Area Representing Dozens of Insurance Carriers
    In virtually all cases if your tree falls either on your car or a neighbors car your homeowners insurance will not pay. You are not responsible for an Act of God and are not negligent. The person in questions auto insurance comprehensive coverage would pay for the auto damage caused by the falling tree. If however it can be proven the tree owner was negligent by not taking care of a tree, and the tree was deemed as hazardous a homeowner could be held liable. (This generally means a law suit).  This is not an easy one to prove since there would of had to of been an trail of ongoing complaints both verbal and documented in writing by another party in advance to show the homeowner was negligent in maintaining the tree. Then again if a neighbor was filing complaints over a period of time against the homeowners lack of maintaining the tree that was a potential hazard why did he or she continue to park under the tree? So at the end of the day it is the duty of all homeowners to maintain their property which includes bushes and trees and show pride of ownership a homeowner is rarely held liable for a branch falling off a tree and hitting a vehicle. The owner of the vehicle must seek coverage under his comprehensive portion of their auto insurance.
    Answered on May 30, 2013

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