Tree damaged tenant car.

[Mark Trumble]

Our Tenants car was damaged by a falling tree branch, and they want to know what I can do to keep this from happening in the future.  The tree is on the rental property. They said there have been several large tree branches falling from the tree.  Can we be held responsible for their damaged vehicle?  Should we pay to have the tree chopped down or trim it up were it over hangs the driveway or leave it alone?

[Chris Seveney]

You should be maintaining the tree by trimming it or cutting dead branches. But to answer your question, homeowner's insurance would never cover a tree falling on a car. It would be part of the car insurance that would cover damage. Last question, though. Can you be responsible? The answer to that could be yes if they're asking you to maintain the property and it is not maintained. If it is a healthy tree that falls during a storm, not your problem. If it is a dead tree that continues to have limbs falling off of it, then yes, you could be considered negligent. Note not an attorney or providing legal advice