Fallen tree responsibility for car damage (NC)

Hi,
We had an owner request the HOA to remove a dead tree beside their condo unit. While we were getting quotes (received 2 already) there was a storm and the tree fell damaging the resident's car. The resident has a garage they could have had the car inside. Who is responsible for the cost of repair?

Of course the owner of the car is saying the HOA needs to pay. But the board is concerned this sets a precedence that the HOA will pay for tree damage to cars (we have a lot of trees - we're basically in the woods). The HOA has insurance only on buildings, not cars.

Is it the responsibility of the HOA to pay because the owner told us to remove the tree even though we were doing our due diligence as always with getting 3 quotes?

Or is it on the car owner's insurance due to it being an act of nature?

Or is it possibly the condo owner's because our covenants say that owners need to carry comprehensive personal liability insurance covering liability for damages to person or property of others located within such Owner’s Lot or Condominium Unit, or another Lot or Condominium Unit, or upon the Common Open Space.

Any thoughts would be helpful!

There isn't a driveway in front of the garage but there is space they can park a car.

This is not a matter of setting a precedent. Paying when the association is responsible for damage does not set a precedent to pay when the association is not responsible.

This is fundamentally a question of whether the association is responsible to pay or not.

Based on what you wrote, there is not one principle that automatically assigns responsibility to the association or the owner.

Responsibility (or negligence or liability) often involves a judgment call (sometimes by a judge or jury weighing the preponderance of the evidence). Did your association do what a reasonable person would do to protect other’s property? Can’t say for sure from here, but I tend to favor the owner’s point of view that the association should have removed the tree more quickly.

How much damage are we talking about?

Your association can file a claim on their liability coverage, and get the advice of an insurance adjuster and your insurance company’s legal department. Yes, your liability coverage will pay for damage to other people’s property, including cars, if the association is liable. (Ask if you want more info on that.) If your insurance company thinks you are liable, they may pay the claim to the owner.

Or, you can do nothing and wait to see what the owner does. The owner can file a claim on their condo-owners insurance (doubtful) or their car insurance (if they have comprehensive). The owner or their insurance company can sue the association, and then you can file on your liability coverage. Maybe others can comment on this.

In any case, your association is now on notice for the future that they should regularly inspect and remove trees quite quickly, especially when the trees are found or known to be dangerous.

owner claims on their insurance. They pay their deductible. Insurance company may take it to the HOA's insurance.

HOA can get sued for the deductible, but if it's like the one I live in, payment of deductibles is disclaimed in the CC&R - you are responsible for it regardless of who is responsible for the damage. The HOA's insurance coverage is all you can get.

Dean,

If an owner only has liability on their vehicle, then the individual would have to prove negligence.

That owner, would also be partially responsible because they were aware that the tree was dead and continued to park under it.

Would suggest that they talk to an attorney.

you know dang well you should of taken that tree down asap now you're crying over it costing you more money? and blaming the victim for parking their car? Our own HOA let a dead tree stand for over 10 years. It was at the front entrance and they lied and said it was not on our property. Board like that should be held personally responsibiel for their negligence IMHO.