storm, tree falls on car, who pays?

storm, tree falls on car, who pays?

Property Manager · Atlanta, GA · Member since 2008 · 51 posts · 61 votes

Big storm came through here the other night. A tree fell and landed on hood of tenant's car and knocked out the windshield. Some other dings on 2 other cars also. Tree was not a dead tree, it was a healthy tree that got uprooted in the storm. These are older cars and tenant only have basic insurance coverage and does not have insurance coverage for damage (there is a technical term for this but cannot thing of it right now).

Who pays to repair the damage to tenant's car?

Tenant's car insurance.
Tenant's renter's insurance.(possibly they don't have)
Landlord's homeowner's policy.
Or something else

Thanks for the advice.

Jennifer

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Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
15y

Tenant should have had comprehensive coverage, that's that it is for. If the tree had been dead, it should have been removed to eliminate a falling hazard but sence it was not, the owner of the tree is not negligent ( covered under a liability policy if sued) and therefore not responsible. Storms are specifically covered as insurable perils under an auto policy. If insurance is available for any insurable peril for any loss, it is the responsibility of the owner of the damaged property to insure against it.

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  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    15y

    Tenant should have had comprehensive coverage, that's that it is for. If the tree had been dead, it should have been removed to eliminate a falling hazard but sence it was not, the owner of the tree is not negligent ( covered under a liability policy if sued) and therefore not responsible. Storms are specifically covered as insurable perils under an auto policy. If insurance is available for any insurable peril for any loss, it is the responsibility of the owner of the damaged property to insure against it.

  • Real Estate Investor · Baltimore, MD · Member since 2008 · 1k+ posts · 268 votes
    15y

    As a former insurance agent... Finance is right, tenant's insurance coverage will pay unless he/she opted out of comprehensive coverage in which case he/she is out of luck. Your landlord policy has nothing to do with it.

  • Real Estate Investor · Burlington, VT · Member since 2010 · 2k+ posts · 1k+ votes
    15y

    I always put two key clauses in my tenant leases:

    - Owner not responsible for any vehicle damage.

    - Tenants to carry renters insurance, as owners policy does not cover any tenant losses.

    Hope that helps,

    - Tom

  • Commercial Real Estate Broker · Memphis, TN · Member since 2010 · 151 posts · 82 votes
    15y

    how about this to add, employee is doing a showing of vacant house, sits in front of property and storm comes through, tree falls on her car, who's (insurance) liable............

  • Landlord · Seattle, WA · Member since 2010 · 3k+ posts · 1k+ votes
    15y

    The employee's employer would be liable if this considered an act of God. I had a neighbor's tree fall on my rental and it was my insurance that was required to pay.

  • Orlando, FL · Member since 2009 · 2k+ posts · 282 votes
    15y
    Originally posted by TDSPropertiesVT:
    I always put two key clauses in my tenant leases:

    - Owner not responsible for any vehicle damage.

    - Tom

    great idea TDS, I'm going to borrow that for my lease if you don't mind...

  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    15y

    What I have always done was to have a tenant "meeting" at the time an applicant is approved. I would gi ve them a pamplet that was produced by the legal aid folks here (some might say that's a bad idea, but I'm willing to play by the rules). This was an opportunity to explain the rules of the road, what they can expect and what I expect. Insurance matters about cars is covered verbally. (A written notice and disclosure coveres renter's insurance).

    I didn't need to add aspects of auto coverage to my lease, it's unrelated and laws as well as court findings have long established how these instances are treated.

    Some tenants are idiots but putting all kinds of disclosures and notices in your lease only makes you lease longer and more issues to explain. IMO, it may also give a tenant the impression that there is some substance related to the lease and car insurance or any other unrelated issue and where the tenant questions my lease as eliminating things I should be responsible for. Some things are simply best said and not addressed in an agreement.

    What about the guy's motorcycle, his fishing boat, maybe his jetski or snowmobile? What if his travel trailer was broken into? It could go on and on and a simple lease agreement could become an involved insurance document. Also, the more you open the door to other issues the more you may become liable for other issues that might not have been addressed.

    I'd suggest keeping the lease simple, addressing real estate matters at hand and the need for renter's policy, as is customary in your area.

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