My Tree, Their Vehicle... Whose Insurance (Repost from 10/23/09)

About a year ago I received a call from my neighbor. He sounded as if something was wrong; “Where are you” he asked? I informed him that I was away from home at the moment but was there something I could help him with. “Yeah, you can come get your huge tree limb off my SUV!” I immediately turned around and headed home. Once I got there I saw what is pictured here in this blog post. Because of heavy winds my huge front yard tree had dropped a limb and totally smashed the top of my neighbor’s vehicle. He and I spent the whole next day cutting away at the tree limb so that we could eventually tow his car to a body shop.

Now my neighbor lives next door to an insurance man so he was already well versed in whose insurance takes care of the damages to his SUV but for those of you that are not as privileged to live next to an insurance man I thought I would explain. Even though it was my tree that caused the damage my homeowner policy would not be involved in paying for the damages. In order for me to be responsible I would have to be negligent in some way but since it was an “act of God” (wind) negligence could not be pointed at me. Therefore, the coverage for the damage to his vehicle would fall under his personal auto policy. More specifically it would be his comprehensive or “other than collision” coverage. Since this coverage usually has a deductible (the amount the policy holder has to pay out of pocket before the insurance company takes care of the rest) I offered to help pay the amount he would have to pay out of pocket. I was not required to do this but since I like my neighbor and it was my tree, I felt it was the right thing to do.

There is, however, one situation that could have made the tree limb fall my fault. If for some reason my neighbor felt that my tree was unhealthy and dangerous he could compose a letter and “send receipt” a letter to me (meaning upon delivery I would have to sign a document stating I had received the letter). In the letter he would have to state that he felt my tree was in danger of falling and causing damage to his property. If that had been the case and my neighbor had sent me the letter he could have had grounds that I was negligent. This in turn would cause my homeowner policy to pay out for his damages and not his personal auto policy.

By the way, my tree is very healthy so there is no need for my neighbor to write a letter.