Accident on landlords property

[micdanner]

What is the name of your state? SC

A tree on the property I rent fell over during a storm & totaled my vehicle. I have full coverage on my car but no renters insurance. My insurance company will pay for my car but I want to know if the landlord would be liabable for the damages on their homeowners insurance also. The tree fell on the corner of the house then rolled off the house onto my vehicle. I have incurred expenses on rental car fees after the insurance settled & would no longer pay for the car rental. Now I have the expense of a new vehicle & lost wages due to time off to handle the claim. The landlord was aware of the issue with the tree as part of it had fallen on the back fence the year before. My landlord has not offered any assistance what so ever & acts like it was not big deal. Please anyone who has any thoughts or has had a similair case happen please let me know. Thank you.

 

[alnorth]

The short answer to your implied question (Is the owner liable for my car damage?) is maybe. You have to prove that the owner was negligent. For example, if a perfectly healthy tree with no obvious problems got blown down on your car in a big storm, thats arguably an "Act of God", and the owner could have no liability at all.

If the tree was dead or otherwise somehow a danger to your property, and the owner was aware of this but did nothing, thats a different matter.

 

[moburkes]

Yes, more information is needed. You said that the LL "knew" about the tree before. What did he know? Was the tree diseased?

 

[micdanner]

The landlord was aware. The previous year a portion of the tree fell on the back fence during a storm. The landlord only removed the fallen part of the tree of the fence. He was fully aware the rest of the tree was rotten. It was a very large tree 5-6 feet at the base & anyone/everyone could see the tree was rotting away.

Thanks for your replies.

 

[alnorth]

The landlord was aware. The previous year a portion of the tree fell on the back fence during a storm. The landlord only removed the fallen part of the tree of the fence. He was fully aware the rest of the tree was rotten. It was a very large tree 5-6 feet at the base & anyone/everyone could see the tree was rotting away.

Thanks for your replies.

Then you could have a chance at sueing the owner. Bring pictures, statements from other people living there, copies of any communication you or others had asking the owner to remove the tree, expert opinions from people who would know that the tree was dead and/or dangerous, etc.