Attorney help needed for simple question?

Question

My mother owns a rental house that she somehow overlooked placing insurance on. The tenants car was damaged when she parked beneath a tree with a rotten limb and it fell on her vehicle. The limb is over where she customarily parks however this is not a designated spot and there were plenty of other places to park. She says her insurance won't cover the cost because it was "an act of God". She is insisting my mother pay. Is my mother responsible since it was on her property? Help would be greatly appreciated. Thanks.

Answer 1

Not true.  "Act of God" is not written into ANY insurance policy, one way or another.

If she has "comprehensive" coverage - which is fire, theft, vandalism, broken glass, and falling objects coverage - her auto policy will pick it up.

This is NOT your mother's responsibility.  Even if your mom had insurance, it wouldn't pay - it only pays if she's NEGLIGENT.  Your mother isn't responsible for the car, regardless of where it's parked.  If it was stolen, your mother wouldn't have to pay for it, either.  

In order for your mother to be found negligent in court, the tenant will have to prove both that the tree was rotten, AND your mother knew about it and didn't do anything to fix it.  The second part is REALLY hard to prove.  

Likely, this girl doesn't have insurance on the car, just like your mom doesn't have insurance on the house.

But now your mom needs to 1. get insurance on the house and 2. take care of the tree, because NOW she knows there's a problem with it.

Answer 2

What does your lease say? Look at another lease and compare. If the lease says nothing, your mom may be stuck.

I found a link with a lease for you to compare.

Answer 3

An "act of God" is not an insurance term any longer. The auto insurance will cover falling limbs IF she had comprehensive coverage. If she did not have comprehensive she has no coverage for falling limbs, falling hail, falling cats and dogs, etc.

Your mother will have to pay only if she was liable for the limb falling. If your mother knew it was dead or rotten and should have been cut she will be liable. Of course, the tenant has to prove your mother knew, or should have known, it was rotten. If it looked healthy from the ground she probably won't be liable.

Answer 4

Unfortunately your mother is responsible.

Answer 5

If the limb was rotten your mother will probably be held liable.

even if she had house insurance they might not have paid it anyway my insurance agent told us if a tree falls on our home they will send someone out to inspect the tree to see if it was  living or dead if it was dead they wouldnt cover the claim.

I live on the north coast of ca among plenty of Redwoods