Who pays

[max 2]

What is the name of your state? WI
If a tree falls on a tenants car who files the claim.
I have a rental property that had a very old, very big tree that had some damage years ago. There are lots of big old trees in the yard of which we seem to lose one or two with every big storm. We had a tree removal company scheduled to come out and take down the tree after the leaves fell. We new there was a storm coming and when the tenant came home my husband suggested he move his car to an area in the yard without trees. He did not and the big tree fell, a nice size branch putting a dent in his trunk and taking out his rear window. The car still runs and the trunk still seals but looks pretty rough. Who would be responsible for the damage. The owner of the tree or the owner of the car? ThanksWhat is the name of your state?

 

[moburkes]

The vehicle owner is responsible for the repairs to his/her vehicle. If he/she has comprehensive coverage, then he will only be responsible for the deductible.
Now, you said that the tree was damaged. Damaged how? Diseased? Ready to topple over? What?

 

[max 2]

Part of the tree came down in a storm before we bought the house. Was starting to show some infestation. We had some other tree damage from storms in the spring (different trees) and the tree service didn't want to take this one down until the leaves were down this fall - unfortunatly we waited.

 

[moburkes]

Infestation of what? Out of curiousity, what is the tenant saying NOW about not previously moving his vehicle?

 

[max 2]

Looks like red ants but don't know for sure. Tanant says we jinxed him by suggesting he move his car. So far he hasn't asked for anything, I was just looking for some advice before getting Insurance Co. involved. Thanks

 

[fairisfair]

they might be come kind of carpenter ant. I am no insurance person, Mo is.

It seems though that you were aware of a problem with the tree, that you had gone so far as to hire a removal expert. You may well be liable for the damage to your tenant's car.

 

[moburkes]

It may end up that way - AND the insurance company of OP will not pay the claim, since the tree is dieseased.

 

[Betty]

The tenant may have to submit a claim to their car ins. co. - it should pay if he has comprehensive coverage though he will have to pay the deductible. Most homeowners ins. policies do not cover damage to a car when a tree falls on it - need to use car ins. The landlord sometimes "out of good faith" so to speak will sometimes pay the deductible. The tenant can sue the landlord in court but it has to be proven that the tree was dead/diseased. Also, normally the court requires that the tenant was concerned about the tree & let the landlord know verbally (in writing better) of their concerns & the landlord did nothing about correcting the problem.