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Tree damage to Vehicle (totaled)

Started by BellaR ā€¢ 10 replies ā€¢ 879 views

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BellaR (Arizona)
Posts: 1
Posted:
Hello,

Can anyone give me some insight on how the HOA's insurance company can immediately say a downed tree is an act of Nature and they are not liable? Farmers is naturally denying any responsibility and saying acts of nature are not covered. Any thoughts, insight and suggestions as to what to say and not to say in this case would be very welcomed.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By BellaR on 09/03/2019 2:40 PM
Hello,

Can anyone give me some insight on how the HOA's insurance company can immediately say a downed tree is an act of Nature and they are not liable? Farmers is naturally denying any responsibility and saying acts of nature are not covered. Any thoughts, insight and suggestions as to what to say and not to say in this case would be very welcomed.

An act of God is an event resulting from natural causes, without human intervention, and one that could not have been prevented by reasonable foresight or careā€”for example, floods, lightning, earthquake, or storms.

It's very common for insurance policies exclude acts of God. If the tree were healthy and were blown over in a storm, that's an act of God. However, if the tree was unhealthy, dropping leaves and branches, and the owner/HOA had not been maintaining it properly, that's probably not an act of God and the owner of the vehicle may want to pursue this.

(Disclaimer: I'm not an insurance professional.)
LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By BellaR on 09/03/2019 2:40 PM
Hello,

Can anyone give me some insight on how the HOA's insurance company can immediately say a downed tree is an act of Nature and they are not liable? Farmers is naturally denying any responsibility and saying acts of nature are not covered. Any thoughts, insight and suggestions as to what to say and not to say in this case would be very welcomed.

Because it is an act of God, and the HOA will come back and bury you in receipts for regular landscape maintenance You will be hard pressed to prove negligence on a healthy tree thats been properly cared for.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
This is an insurance determination NOT a HOA thing. Let the insurance fight it out. Not enough details on the situation as well. We don't know how/when the tree fell over. Why isn't the homeowner's insurance or car owner's insurance not involved?

I had a tree fall on my neighbors house. Crashed on the roof. The tree was rotten and fell during the remnants of a tropical storm came through. My insurance had to pay for my neighbor's new roof. They filed the claim on my insurance. If it had been a healthy tree and had fallen, then my neighbor's insurance would have picked up the bill. Since tree was unhealthy and was aware of it, it was my fault. Note: The tree was in a difficult spot making it extremely difficult to remove.

So time to talk to your insurance company to get things done.
Former HOA President
KarlP (Maryland)
Posts: 1
Posted:
In Maryland a homeowner is responsible for any damage from a neighboring tree (including disposal of tree part on homeownerā€™s property unless the homeowner(s) have notified the tree owners that their tree(s) is/are endangering the homeownerā€™s property and inform the tree owners that they will be liable if the homeowner(s) property is damaged. The court will accept a copy of an email notification as proof.
TimM11
Posts: 354
Posted:
You pay your insurance company to fight this battle for you, so let them fight it out with your HOA's insurance company.
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By TimM11 on 09/04/2019 10:30 AM
You pay your insurance company to fight this battle for you, so let them fight it out with your HOA's insurance company.

Amen to that!
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Bella

You start with your automobile insurer and go from there. Not sure it could fall under your homeowners insurance unless you are in a single family home.
MiquelV (Kentucky)
Posts: 1
Posted:
Acts of nature that harm someone elseā€™s property ā€“ like a storm causing a tree to fall on a car ā€“ arenā€™t normally covered by a home insurance policy because there is no negligence on the part of the homeowner. The landlord, thus, wonā€™t be found liable by the insurance company and claims will be denied. for handling all the claim related problem it is very important to hire the best public adjusters like water damage dana point (https://www.alliancepublicadjusters.com/public-adjuster-dana-point/) experts from Alliance Public Adjusters.
GenoS (Florida)
Posts: 4,276
Posted:
MiquelV is a spammer. Not too bright, either, by the looks of it.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Bella

If you suspect the treeā€”or part of a treeā€”that fell on your car was from HOA Common Property, file the claim through your auto insurance company. Let them duke it out with the HOA. Your HOA insurers are only likely to pay for your car repairs or replacement with hard evidence or proof they were negligent.

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