Tree fell on friends car

[DAMS]

Illinois

A strong wind blew down my tree on my friends car parked in my driveway. Am I responsible for repairing my friends car? Should my homeowners insurance pay?

 

[HomeGuru]

Illinois

A strong wind blew down my tree on my friends car parked in my driveway. Am I responsible for repairing my friends car? Should my homeowners insurance pay?

**A: what did your friends insurance company tell him/her when the claim was filed?

 

[lwpat]

Normally I would advise you to go ahead and notify your insurance company. However I am seeing more and more incidents of insurance being cancelled just because the homeowner has filed a report.

If it was an act of God and there was no way that you had notice of a problem with the tree then you should not be liable.

 

[DAMS]

The estimate was $2100 and thier insurance company would cover it under comprehensive. They have a $500 deductable. If it was your car, would you expect me to pay the deductable? Half the deductable? Nothing?

 

[tammy8]

It wasn't your fault the wind blew and knocked over a tree. It is not your fault that your friend decided to save a few bucks and have such a high deductible (and as an agent a difference in a $100 deductible and $500 is usually less than $10 every six monthes on the average).

The only way you could truly be liable is if you knew the tree was dead or diseased and you knew that the tree could fall with any wind. Otherwise no coverage to the car would be afforded.

 

[JETX]

You got some real nice 'gee whiz' and 'I think so' responses.

Here is an ACCURATE one:
"A strong wind blew down my tree on my friends car parked in my driveway. Am I responsible for repairing my friends car?"
*** If you were aware (or should have been aware) that the tree was dead, dying or diseased and in a 'weakened' condition, then you would likely be responsible for the damage caused by your negligence (of not removing the tree).
However, if the tree simply fell as an "Act of God", then you have no liability for the damage and your insurance company would deny the claim for their damages.

"Should my homeowners insurance pay?"
*** See above.

 

[DAMS]

It sounds like if I say that the tree was dead, dying or diseased and in a 'weakened' condition, then my homeowners insurance would pay the claim.

 

[JETX]

Not true. If you were to say that, the insurance company would likely say..... "Sorry, we don't pay you for your own stupidity of not removing that tree since you knew it was 'dead, dying or diseased and in a 'weakened' condition'."

 

[I AM ALWAYS LIABLE]

It sounds like if I say that the tree was dead, dying or diseased and in a 'weakened' condition, then my homeowners insurance would pay the claim.

My response:

Hey, JetX . . .

Don't you find it amazing, how some people "interpret" your responses?

Either this writer is using "Pretzel Logic", or he sincerely doesn't understand what you've written.

I think you might have to try again, JetX. It appears our writer is lost.

IAAL

 

[HomeGuru]

Can't see the forest for the trees, I guess.
Lost in the forest.

 

[tammy8]

And let me assure you, you DO NOT want to have to use your liablity insurance except for something really big. You would probably get cancelled and then NO ONE would touch you except at a huge huge huge cost.

What is the big deal about your friend's insurance not paying for the claim? They do have insurance, don't they???