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

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption