House rain gutter blown off during major windstorm event and hit neighbor’s car.

Are we responsible for our rain gutter that was blown off our house
during a major windstorm event and landed on our neighbor’s car and
scratched it? Or, are they responsible for the damage to their car?
Does our policy or their policy cover this?

Asked on May 13, 2016 under Real Estate Law, Utah


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You should not be held liable for the damage to the car because the storm would be considered an act of God.  The vehicle owner is not liable for the damage from your rain gutter.
Without seeing your homeowner's insurance policy and the auto insurance policy of the vehicle owner if the individual has comprehensive coverage, it cannot be determined whether or not those insurance policies would cover the damage to the car or whether the policies would deny the claims because the storm was an act of God.

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