If my car got hit by my neighbors tree - who is responsible for the coverage? His homeowners or my comp?

Question

If my car got hit by my neighbors tree - who is responsible for the coverage? His homeowners or my comp?

Answer 1

Depends on the tree. If it was a happy, healthy little tree, and the wind blew it over, then it's not your neighbors fault at all and should go on your comp coverage.  If it was dead, rotting, falling over etc. and it just fell over because of your neighbors negligence, then his HO policy would cover it.

Answer 2

his homeowners.. also your coverage.. what percentage each pays is up to the insh companies.. in this case i would contact my insurance home owners.. because if you put it on your car insurance the rates will increase .. your home owners can handle this in a way it wont hurt you ok

Answer 3

Probably his homeowners insurance, but the guy to ask is your insurance agent.  Tell him the story and he'll tell you who is supposed to pay.  If it is him, you'll get the check faster, and if it is the other guy, he may help you get his insurance claim rolling.

Answer 4

MSAD is pretty much "right on" (as usual) but AFTER THE FACT....you will be pretty hard pressed to prove that the tree was dead and that the homeowner was negligent.

You'll be better off filing a comprehensive claim on your OWN policy and get on with your life.  It could take YEARS to get the homeowner's policy to pay.

Now...if you don't HAVE Comprehensive coverage on your car, it looks like you are "self insured" and will have to pay for the damages out of your pocket.

Good luck and I hope this helps!

Answer 5

did his tree fall on your car or did ur car jum infront of his tree

Answer 6

If the tree was dead or dying (to the point that a reasonably prudent person could say "that tree is dead or dying") then his homeowners will pay.

If the tree is healthy - then you will have to file under your auto policy (comprehensive).

It all comes down to negligence.

If the tree is dead and he does not take it down and it falls on your car - he is negligent for leaving the dead tree up (a falling hazard).

However, if the tree is healthy and it falls -(usually b/c of wind/rain) then he is not negligent. You are allowed to own healthy trees.  He did nothing wrong.

This is one where people who are not in the insurance business will say "well....it's his tree so he is".  Although these folks are well meaning-- they don't know the law in this regards.  

The easiest thing to do is to file against your auto policy (comp coverage). Your insurance company will do an investigation. If they determine that the owner of the tree is negligent - then they will pursue recovery against him or his homeowners policy. In the mean time - you have been paid for your car and are able to get on with your life.

Answer 7

His houseowners policy. He is responsible for any tree etc. on his property.