landlords responsibility

[vivisector23]

A portion of our building and the connected rolling metal door and fence fell on my car during high winds, rendering it undrivable, possibly unfixable.(the support column fell on the winsheild, and bent the frame in 6 inches and smashed the winsheild!) He is now telling me that his homeowners insurance may not cover damages to my car! I want to know what recourse i have, considering his property fell on my vehicle and he doesn't carry sufficient insurance! His insurance carriers tried to tell me i have no recourse!
-frustrated and carless in oakland, land of no busses!

 

[ALawyer]

If you have comprehensive (collision, fire, theft, etc.) coverage YOUR auto insurance company will pay for the damage to the car, less the deductible. It would then go after the landlord IF he is liable. He would in turn let his insurance company fight it out with your insurance company.

BUT if you don't have comprehensive, you would likely have a claim against the landlord. BUT just because the building fell in a storm doesn't necessarily make the owner liable. If there was a condition that he did not take care of that made the collapse happen and it was foreseeable, then there would be liability, but there may have to be some fault on his part, such as improper construction, maintenance, etc. You may have to take him to court.