Figures. The very DAY I make my decision not to sell her, I come back from class and there is a tree limb sitting on the hood. Damit damit! Called the insurance company and they are sending someone to do an estimate this week. The damage wasnt too bad but there are 2 or 3 dents in the hood and a dent right under the passenger side view mirror. Ugggh!!

Anyway here is my situation. I am a senior in college. Renting a house with two other guys. The tree limb that hit the car came from a tree on my landlord's property. Is he liable? The $500 deductable isn't too bad but it won't help my bank account at all. Any grounds for the landlord to be paying for some or even all of the deductable??

 

Probably, seeing as you live in the US, someone else is always liable

But jokes aside, I would actually think he could be. Though I doubt your bank account would look favorably at getting a lawyer if a $500 deductible makes you cringe. Also, if he is liable, it would go under HIS property insurance, NOT YOURS!

From what you told me though it doesn't sound like a lot of damage. Might not be worth getting the insurance involved if you can't get your landlord to pay up.

 

I'd do what Wulf said. Though I can't understand why your insurance would go up. No one is at "fault", a branch fell. I wouldn't think this would effect your insurance.

 

I think your insurance company should do the legal work for you, but I could be wrong. I know when I was hit before my insurance co. took care of getting the money to fix my car out of their pocket vs mine.

 

i would say repair it yourself. you can cancel the insurance visit no problem. You can find a hood from someone for like 200 bucks your color, maybe a fender if you need it or just take that one off and repair it. I would say at most 100 to repair the fender if its a non-creased dent.

 

Why not just ask your landlord if his homeowners ins. covers it first? If you have your ins. co. try to get him to pay without you talking to him first he may take it the wrong way. He can make your life difficult i imagine.

 

IANAL, but it is his tree and he is liable for any damage it caused. His insurance should cover all costs for the repair. The thing I don't know about is the fact that you rent the house. If you are also responsible to maintain the grounds (e.g. mow the grass, trim the hedges), then it may have been your responsibility to also take care of the tree.
I think you should talk to your landlord before any lawyers get involved and he gets blind sided with things he knows nothing about.

 

Was it a ficus?

 

Some type of tree..

 

Was the tree growing out of the parking strip between the sidewalk and the street? If so, the city may be liable.

 

Update. Talked to my landlord and he immediately called his insurance company to see if it would be covered. Sure enough, the whole thing is covered by his insurance so I'm not paying a dime! Good stuff!

I guess I gave the wrong impression before. When I asked if he was liable I wasn't planning on suing him or going behind his back. I had every intention of talking to him and letting him know about the situation to see if his insurance would cover it. I didn't mean liable as in I am going to sue him. The thought of getting any lawyers involved never even crossed my mind. Thanks for the help everyone!

 

Yay for free repairs! Good times, and glad it went OK.

And glad you're gonna keep her

 

nice. all taken car of. congrats

 

Not my style...

Thanks for the help and the congrats all!

 

Damn, beat me to it.

 

LOL i love that commercial