a tree fell on my truck. should the landlords homeowners insurance cover it

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Mar 11, 2018

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Insurance Question from Kansas City, MO

Asked on 03/11/2018

a tree fell on my truck. should the landlords homeowners insurance cover it I rent the house. A large tree branch fell from a tree that needs cut down. Will the landlords homeowner insurance pay the damages?

Answer given on March 11, 2018

if a tree branch falls on your vehicle it is most likely going to be covered by your automobile insurance under the comprehensive portion of the policy.  There is usually a deductible under this insurance, but it is also usually lower than the collision coverage deductible.

If you had advised your landlord that the tree was a danger and could fall and strike your vehicle, it is possible the damage would be covered by their liability insurance. However, they can deny your claim. The landlord could claim that you were negligent,  since you knew the tree was in danger of falling yet you parked under it, or near it anyway.  If your insurance company pays for your damage they may or may not go after the landlord for the damages.  If they do, and are successful in getting repayment, then they would refund your deductible.  In any event, this would not cause an increase to your insurance.

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