Fallen Tree while at Work

[csulawdog]

Thanks all in advance for any help... i am in ohio. i am a fulltime nanny employed by two attorneys and get paid under the table. i also park my car in the driveway of their home in a residential neigborhood. yesterday a storm blew their neighbors large tree down it crashed thru my employers fence and crushed my car and one of theirs. my attorney employers are claiming their homeowners insurance will only cover their damage and will not cover my car; likewise the tree owner is claiming no liability and refuses to cover my damage under his homeowners insurance. both my employers (attorneys) and tree owner are saying that i am out of luck and have to pay my $500 deductible to fix my car. plus the cost of loaner vehicle and anything else. it doesn't seem right that i am at work for their benefit and this happens and i have to pay for it. both parties know i don't have the extra money to pay for this or hire an attorney to fight them on it. Please Help!!!

 

[Beth3]

Contact your own automobile insurance carrier, file a claim, explain the circumstances, and let them subrogate the claim.

If your employer's or the neighbor's insurance carrier(s) are liable, they'll go after the money to recoup their own expenses. They won't go after any monies you are directly out of pocket under your own insurance however - annual deductible, car rental, etc. I'm afraid you'll have to try to recoup those on your own. If the carrier successfully subrogates the claim though, that should make it easier for you to collect directly from the other parties insurance carriers.

No matter what though, don't take your employer's or the neighbor's word for whether they are liable for your expenses and the damage to your vehicle. You need to be talking directly with their insurance carriers. I suspect what they are really telling you is that they don't intend to file a claim for YOUR damages and are instead giving you a lot of hooey about how your losses aren't covered by their insurance.