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Neighbors large tree branch fell on my car while it was parked, is she responsible for the damage?
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Neighbors large tree branch fell on my car while it was parked, is she responsible for the damage?



    




Nate W
Rating
Ok, first of all, THERE IS NO "ACT OF GOD" clause in insurance policies. That's complete BS.

The tree is on your neighbors property right? Therefore, it is her responsibility. Her homeowner's insurance policy will cover this under her liability coverage. If she doesn't have insurance or doesn't want to claim it, then sue. You'll win.


HowFuzzyWuzee
That's what your comprehensive coverage IS on your insurance policy.
It covers acts OTHER than "driving" fender bender accidents.
Check with your insurance agent to review your policy for your specific coverage and deductible amounts.


CwboyBill
Rating
IF your neighbor knew about an existing condition concerning the branch (rot, lightning damage, etc) PRIOR to the loss then yes. If the branch just decided to drop then you can try sueing the tree (just kidding).


gcason
No. It's considered an "act of God" so your insurance will have to pay for it. That is, unless you can document that she was negligent and should have prevented the branch from falling (dying tree, something like that...)


bundysmom
Rating
Only if you can prove negligene on the homeowner. For example, if the tree is sick or overgrown, then possibly. If you saw reason for concern and alerted the homeowner to the danger then you could both be on the hook, them for not correcting the problem and you for parking near the tree. If you didn't alert the homeowner to a dangerous condition but you weren't aware of one, but the homeowner was aware of the condition and still did nothing, then absolutely.


Al Mac Wheel
When there is a tree in someone's yard & the branches are over into someone else's property or the public street, then the owner of the yard is accountable for any damage done by the tree.

However, it is kind of stupid to park underneath a tree if there is any sign that the tree is damaged, like from a storm, such that some branches might fall down.

Depending on the amount of damage, it might be simpler to let your car insurance company take care of the problem.


la428282
Rating
Probably not. If her tree was healthy and not dying it would be just an "act of god" and she would not have been negligent for this.

If you have comprehensive coverage on your policy it will pay it minus the deductible.


Reo
Rating
Yeah
If she is a homeowner, have your insurance contact your insurance.
Hope you took lots of pictures


curt brengle
A neighbors tree branch fell on my car causing roof damage . My auto insurance will cover the damage this time . How ever the tree hangs over my driveway and she refuses to have the tree trimed . I ask if my tree service could trim the tree and I would pay for it at the time . She would not let us have the tree trimed . I sent two ltters to her home ,but she would not receive them . I am affray to park my car in fear of more falling barnches on my car or my head . What can I do about it now ?





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