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Homeowners vs. Auto Insurance? |
So last night a huge tree branch fell on my car in my driveway. My car insurance is expired and I'm wondering if my landlord's homeowners might cover it. The tree is on his property and he had just told me the day before that he wanted to get someone out to cut it way back. Do I have a leg to stand on or am I out of luck? This is a liability exposure on your landlord's part, as he is the owner of the property that caused the damage. You should file a claim against his commercial general liability policy. They will determine if he is liable or not. If he is found to be liable for the damage they will pay for the repairs. There is no need to sue anybody, just file a claim and see what happens from there. The adjuster who handles it from his insurance company will just ask if it was rotten and if it looked like it needed to be removed, if this is the case he is liable and his insurance will pay. I am an adjuster and we pay these claims when there are obvious signs of rot and if the owner of the property knew of the problem. If it is a healthy tree and there was no way of preventing it on your landlords part, he is not liable. Good luck. Sorry, you are s.o.l., Renters insurance may have helped, but I doubt it. Auto insurance expired ?too bad, now if you were injured as a result,........Mr. Landlord would be liable. Hows your back feel now ? Nope, the landlord's homeowners won't cover it. Your comprehensive coverage will - falling objects is covered under the comprehensive section. IF the tree was rotten, AND the landlord knew it in advance, AND you can prove it in a court, you can try to sue him to get coverage, but it's pretty darned hard to prove that 1. the tree was rotted AND that the landlord had knowledge that the tree was rotted. Sorry. Agent, 20+ years First of all no Homeowners policy will cover you when you rent the property your landlord should have a dwelling policy not a homeowners policy for rented property.Two, your landlord would be the responsible party if you can prove he in fact knew about the rotted tree.Good Luck. mbrcatz is correct I hate to say it but mbrcatz17 is absolutely correct! I'm an insurance agent of 9 years and she know what she's talking about! |
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