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Question: big tree limb in my driveway

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May 24, 2019, 07:53 AM
Batty67
Question: big tree limb in my driveway
Thankfully this is a mostly hypothetical, but a passing thunderstorm recently deposited a 20' long, maybe 100-lb branch from my neighbor's front yard tree (suburban paradise) into my carport. Thankfully, my wife and I and our relatively new cars (both about 1 year old) were not there. If they were parked, I expect it would have been a LOT of damage.

So, how would insurance (car or homeowners?) typically handle something like this? The tree limb was clearly from our neighbors house tree. They are nice folks and would never try to screw us either. However, my former car, a Mazda 3, is now my son's car, and it got a nice dent/crease in the roof from a much smaller branch. I let it go because the car was already 7-8 years old and had plenty of dings.

But clearly, this has and could happen again. So I'd like to know the consequences beforehand. Thanks!
May 24, 2019, 08:02 AM
Kranky
My experience would be that you would need to pursue a claim with your HO insurance. Your neighbors may (or may not) offer to pay your deductible. They are not required to do so.

--K
May 24, 2019, 08:30 AM
clubleaf206
My agent told me once that if the car was in the driveway, when the damage occurred, it would be covered by homeowner insurance, if it occurred to the car and it was parked on the street in front of the house it would be covered by auto insurance.


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May 24, 2019, 08:38 AM
Strambo
Your homeowners insurance is not going to cover damage to an auto, it doesn’t matter where it’s parked. Your house can burn down with the car in the garage, still not covered. That’s what auto insurance is for.

If you have comprehensive on the car, the answer is file a claim with your carrier and let the 2 ins companies sort out whether they were at fault.




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May 24, 2019, 09:11 AM
craigcpa
A different take:

Here in NC, if the limb was noticeably dead (and you have pictures to prove it) the owner of the tree will be responsible for any damage to house or cars.

If the tree/limbs were all "healthy" the responsibility lies with you.


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Just my 2¢
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May 24, 2019, 09:19 AM
El Cid 92
In my experience, in West Virginia and Tennessee, a downed limb that comes from a tree on another's property that causes no damage - insurance has "no skin in the game." In both instances, my neighbors asked if the tree service they hired to clean up the mess could access my yard and remove the offending limb.

As a thank you and to be neighborly, I dropped a good bottle of wine on their porch.

Andrew



Duty is the sublimest word in the English Language - Gen Robert E Lee.
May 24, 2019, 09:27 AM
Perception
My parents recently had this issue. This will have to go on your insurance, not your neighbor's. They may be willing to help you out with a deductible, but their insurance won't cover this.




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"Odd," said Arthur, "I thought you said it was a democracy."
"I did," said Ford, "it is."
"So," said Arthur, hoping he wasn't sounding ridiculously obtuse, "why don't the people get rid of the lizards?"
"It honestly doesn't occur to them. They've all got the vote, so they all pretty much assume that the government they've voted in more or less approximates the government they want."
"You mean they actually vote for the lizards."
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May 24, 2019, 09:32 AM
HRK
In FL, you cannot hold the property owner where the tree/limb came from responsible for the damage to your property, unless you notify them in writing of the potential for damage from that tree/limb prior to any damage occurring.

Once that notice has been received
(certified/signed priority mail) then the owner of the property is responsible for any damage it causes to your property.

I've done this twice, both times the party noticed removed the tree without issue however I did call them prior to discuss and let them know under FL law I was required to notice them in the mail and would be sending the notice as a courtesy.
May 24, 2019, 03:15 PM
220-9er
Since it varies by locality, I would just call my insurance agent and ask for guidance.


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May 25, 2019, 07:49 AM
Batty67
Thanks for the input. I have USAA for car and HO and I'll call them.