State Farm denying property dmg claim

[TxsMama]

i live in texas. on march 1, 2002, we had a terrible wind storm w/gusts up to 55 mph. an eave of my apartment building came off of the 2nd story dormer, and hit my car. it dented the rear passenger door badly, and scratched the roof and sunroof.

we contacted the owners, they put us in touch w/their ins. co., state farm, and the adjuster denied the claim because there was no negligence on the behalf of the apartment complex.

i know that no one has been up to see if the eaves are loose. well, maybe since monday they have, but the missing piece has not been replaced yet.

my question is, am i being told the truth? no, there may not have been any negligence on the behalf of the owners, but it is also not my fault that a piece of "particle board" board came off their building and hit my car.

do i have any grounds to go back to the adjuster, and tell him he is wrong?

 

[ALawyer]

This is not strictly speaking an insurance question. If you had auto property damage your policy would cover it. This is a suit against a property owner for negligence. His insurance company has no obligation to pay UNLESS he has an obligation to pay. If the board was loose, or the place in bad repair, I could see a basis for a claim against him, and his insurance company may settle to avoid the defense costs. My sense is you may have to sue the owner and hope his company settles.

 

[TxsMama]

i am really trying to avoid suing the owner. i just feel like he should have to pay. my insurance will cover it, but again, i don't think mine should have to cover it.

thanks for your help.

 

[Donna32669]

Damage claim denied by State Farm

As stated in the prior post, unless the owner of the apt. building was negligent then they do now owe for damages to your car. You need to file under your Comprehensive coverage for this.
Negligence by them would be if they had not take measure to repair their building prior to the loss (ie, rotted wood, loose shingles etc). To expect their insurer to pay for your car would be the same as if your car were in a tornado and was forced in to another object, would you be responsible? Requir YOUR auto inusrer to pay? No. Their physical damage coverage would. Unless you somehow were negligent....and how can you be held responsible for an Act of God? Sorry you didn't get the anwer you're looking for. If you can prove they should have known that the damage could occur and done something to prevent it, then I think you are out of luck on this one.