THE TREE WAS OLD AND OWNER WAS AWARE. WIND KNOCKED IT DOWN AND FELL INTO THE PUBLIC STREET WHERE A CAR WAS PARKED AND CRUSHED THE CAR

  1. 910 POINTS
    Ken Boncela
    Ageny Owner, Farmers Insurance, Ken Boncela Insurance & Financial Services, Oswego, lllinois
    I am going to go out on a limb here (sorry about that) and guess you mean a CAR crushed by a falling tree.  IF the auto insurance policy has "comprehensive" coverage the damage will be covered by the auto policy.  IF the property owner on which the tree stands was negligent in maintaining the tree, i.e. the tree was dead and likely to come down at any time, coverage may be provided under the liability portion of the property insurance policy.  However a healthy, maintained tree brought down in a windstorm is not the result of negligence on the part of the property owner.
    Answered on April 14, 2014
  2. 21750 POINTS
    Jim WinklerPRO
    CEO/Owner, Winkler Financial Group, Houston, Texas
    Great question! If the tree fell due to negligence ( it was dead, or had significant rot and was a hazard that wasn't fixed) then whomever's property it sat on may be liable for the damage to your car. If it was your tree, then your comprehensive coverage clause in your auto insurance policy should cover it. If it was a healthy tree that was felled by "an act of God", you may have a rougher time collecting. If you have more questions, feel free to contact me, I'd be happy to help! Thanks for asking!
    Answered on April 14, 2014
  3. 7647 POINTS
    Mark Bartlett CLCSPRO
    Branch Owner, TWFG Insurance Services, Fremont California and the Greater Bay Area Representing Dozens of Insurance Carriers
    If no one heard it fall did it make a sound when the tree crushed your car. OK, could not help myself. Your automobile comprehensive coverage would cover the damage from a falling limb. As for going after a homeowner, it's almost impossible to prove negligence unless the homeowner had been warned both verbally and in writing that his or her tree presented a hazard. Otherwise it's simply an act of God and the property owner is not liable. This happens allot actually. My best advise is to avoid parking under trees. If the limbs don't get you the sap and birds will.
    Answered on April 14, 2014
  4. 385 POINTS
    Soarella - Mary Gruenberg
    President, Soarella, Inc.,
    Falling objects whether they are trees, airplane parts, stones from a gravel truck or something else are covered under comprehensive.  Comprehensive covers the physical damage of your vehicle for everything except collision.  Fire, theft, vandalism, as well as chipped windshields are a typical comprehensive claim.  Comprehensive which is an optional coverage since it covers your vehicle usually has a deductible.  Once you satisfy the deductible the insurance company pays the rest.  It can be frustrating to pay the deductible when you haven't done anything wrong.  If the damage was caused by someone who was negligent, let your insurance company know so that they can subrogate for your deductible as well as what they paid out.   The age of the tree doesn't matter, but the condition might especially if you have proof that the owner knew.
    Answered on April 15, 2014
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