Who have to cover my car after a tree fell on it during a hurricane and the homeowner insurance company won’t cover it.

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Who have to cover my car after a tree fell on it during a hurricane and the homeowner insurance company won’t cover it.

My car was damaged in the recent storm on 9/2/2016 and a tree fell on
it making it a total loss. The landlord’s insurance company took and
estimate and said it was totaled. My insurance company said I only
have liability and would not cover. Now the landlord’s company is
saying because it was a natural disaster they won’t cover it and now
I’m out of transportation.

Asked on September 22, 2016 under Accident Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The landlord's insurer is correct: his insurer is only obligated to pay IF he is obligated to pay; and he is only obligated to pay IF he was at fault (e.g. negligent or careless)  in causing the damage. But the landlord did not cause and is not responsible for a hurricane knocking over a tree; that is not something he controlled or can be held liable for, so he (and his insurer) are not required to compensate you. And your own insurer would only have to pay if you had bought the relevant insurance (e.g. collision)--your insurance policy is a contract, and you are entitled to be paid when, and only when, the terms of the contract say you must be paid. 
It may well be that you have to absorb this loss yourself, unfortunately.


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