Car damaged in my yard from my tree

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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: Nov 27, 2018

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Insurance Question from Battle Creek, MI

Asked on 11/27/2018

Car damaged in my yard from my tree My 2016 vehicle was damaged when a tree from my yard fell on it during a snow storm. I am afraid that my car insurance will total the car as the damage is significant. My concern is that it will not pay off the vehicle in full as I have not had the car long enough to not be "upside down" on the loan and I do not have gap insurance. Do I have any recourse through my homeowners insurance if this is the case?

Answer given on December 04, 2018

If your tree fell on your car, the insurance coverage will be from your car insurance.  Had the tree belonged to a neighbor, then their homeowner insurance probably would have covered your car. However, in either event, if the car is considered a total loss, then the insurance company would have handled the claim in a similar manner.

Even if you had a way to help through your homeowner insurance, the settlement would not have changed. You should proceed with the claim through your auto insurance company and hope for the best. If they do declare it a total, you can then find out how “under water” you are on the loan.  Sometimes lenders will transfer the remaining balance to a replacement car, especially if you got the loan through the automobile company (GM, Toyota, ect).  Talk to them once you know how much settlement you will receive  from the insurance company.  Remember, your deductible will apply.

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