During a hurricane a healthy tree from my yard fell on their truck

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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: Aug 28, 2011

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Insurance Question from Mashpee, MA

Asked on 08/28/2011

During a hurricane a healthy tree from my yard fell on their truck A healthy tree fell on my neighbors truck during hurricance Irene. The damage was a brocken drivers side mirror and plastic trim that goes aroung the drivers window. Am I liable?

Answer given on September 03, 2011

If the tree that fell on your neighbor’s car was healthy, then you should not be responsible for the damages. Their car insurance woulc cover the damage, subject to the deductible, under their comprehensive insurance. This type of loss is often referred to as “an act of God”.If they do not have comprehensive insurance, they may try to get your insurance to pay for the damages. If that happens, you should contact your insurance agent and file a claim. Your insurance company can do an investigation and determine if there is any liability on your part. If so, they will pay for the damages to the neighbor’s car. You should also ask your agent about property damage coverage to others. That could pay up to $500 for damages even if you are not legally responsible, but feel you should pay for the damages.Due to the circumstances of the loss – during a hurricane – it would be considered a catastrophic loss and your rates will not be affected if your insurance company pays for any damages.

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