If my car was parked in my friends driveway and a tree fell on it during a storm is there homeowners responsible.

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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: Jun 10, 2011

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Insurance Question from Milford, PA

Asked on 06/10/2011

If my car was parked in my friends driveway and a tree fell on it during a storm is there homeowners responsible. NULL

Answer given on June 13, 2011

If a tree falls on your car, even in a friends driveway, the loss is usually considered an “act of God”, or an accidental loss.  If the tree was considered healthy, then there is no negligence on the part of your friend, so they would not be responsible for the damage to your car.

Your auto insurance, under the comprehensive coverage, would pay for the damage to your car, less the deductible.  This type of loss does not increase your insurance rates, so you should feel comfortable in submitting this claim to your insurance company.

If you do not have comprehensive coverage, you could possibly get a small amount from your friend’s homeowner policy under the damage to property of others portion (in the liability section).  There is no requirement of negligence under this coverage, but it is very limited – usually $500 to $1,000 coverage.  Talk to your friend and/or his insurance agent about this possible claim.  If the claim is paid, it shouldn’t affect your friend’s rates, but they should confirm this with their insurance company.


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