Homeowners vs. Auto Insurance?

Question

So last night a huge tree branch fell on my car in my driveway. My car insurance is expired and I'm wondering if my landlord's homeowners might cover it. The tree is on his property and he had just told me the day before that he wanted to get someone out to cut it way back. Do I have a leg to stand on or am I out of luck?

Answer 1

I would think so because it is the landlords responsibility to take care of his property unless otherwise state in your lease.

Answer 2

Sounds like you're out of luck. You also knew the tree needed cutting.....so why did you park there?? You assumed just as much risk by parking there as the landlord did by waiting to cut it down.

Answer 3

This is a liability exposure on your landlord's part, as he is the owner of the property that caused the damage.  You should file a claim against his commercial general liability policy.  They will determine if he is liable or not.  If he is found to be liable for the damage they will pay for the repairs.  There is no need to sue anybody, just file a claim and see what happens from there.  The adjuster who handles it from his insurance company will just ask if it was rotten and if it looked like it needed to be removed, if this is the case he is liable and his insurance will pay.  I'm an adjuster and we pay these claims when there are obvious signs of rot and if the owner of the property knew of the problem.  If it is a healthy tree and there was no way of preventing it on your landlords part, he is not liable. Good luck.

A site I've recommended in the past would be...

http://www.knowledged.info/go.php?link=i...

Hope that helps.

Answer 4

Nope, it won't.  You're out of luck.  

Regardless of what anyone else here might say, I've never seen a liability policy (what you're talking about) pay for damage to a car, just because the car was parked there.  It would be like your friend visiting you, and expecting you to pay for his car, because it was stolen while visiting you.

It's not the landlord's fault.  

Theoretically, it's possible you could prove that the tree was diseased or dead, AND he knew about it, but all he has to say is, I just wanted to cut it back, I didn't know it was diseased, and he's off the hook.  

Sorry.