mikes2k

During the ice storm a tree fell on my wife's car in the driveway. It smashed her back window and did some other damage. We rent the property. It is an older house with a lot of old uncared for trees ( landlords responsibility to maintain per our lease). We have told the property manager more than a few times that some of the trees are in danger of hitting the house, and the trees need care.

The property manager claims since it was an act of god we can not go after the owners homeowners insurance, and we need to put it on our auto insurance.

Question: Since the responsibility of trimming and pruning lies with the homeowner shouldn't we be able to subrogate with her insurer?

Thanks!

MsPerky

I would think you'd have to see what the homeowner's insurance policy covers. Wind damage and things like that are often excluded. I would call his insurance company. LB is our insurance guru - maybe he will chime in on this one.

Mocky

The act of God part is right.... to an extent...

It is an act of God becaue of the ice storm, but the negligence on the trees is what caused the tree to drop. If you can prove this or have photos showing the negligence as well as no communication follow-up, then you have a case. My recommendation would be to file it with your insurance company and have them subro the homeowners insurance. If you can prove that there was negligence on the maintenance of the trees, the homeowner policy will pay it all day long.


PS. I wouldn't handle the subro directly with the other carrier. Let your insurance company handle it.... that's what they get paid for.

paS2K

Mike- I believe that a limb etc must fall ON a part of the insured property to be covered under a HO policy if you OWN the house; the insurer of a rented house would be even less interested. I would call up your auto insurer and ask for their advice....what's to lose?

Hoping that another with better info will also comment to help you out!

Jerry

MsPerky

Yeah, probably better not to get directly involved with the homeowner's insurance company. Let your insurance company fight it out. Be aware, though, that sometimes they won't if it is not worth it to them. Good luck!

Lainey

I agree. This claim will probably fall under comprehensive. If your insurance company can subrogate, maybe you can recover any deductible you have.

FWIW, I keep a smaller deductible on comprehensive vs collision. Cheap money to do so. Not sure if it's the same where you live.

Once my car got hit by a rock by someone mowing a lawn. I filed a claim through their homeowners (home owner was NOT happy) but the company paid, however, that didn't fall under the storm/wind, Act of God category.

Mocky

I should also clarify that Deb's car would need to have comp collision (forgot to mention that part).

and yes, comp coverage is always cheaper than collision coverage (even in PA)

Legal Bill

Mike, you have obtained the correct answer above from Mocky. I'll elaborate a bit.

Always notify your own insurance company of damage to your insured property as soon as possible. This will avoid any problem with late notice, which can be grounds to disclaim coverage. Do not start telling others they have to pay, even if you believe it to be true. Take pictures, report unsafe conditions and accidents to the proper authorities, listen carefully to what others say, keep your mouth closed to the greatest extent possible, and call your own insurnace company.

The insurance company will investigate the claim and then reach decisions about coverage for your damages and the amount of your loss. That is their first duty and obligation. If they believe another is legally responsible for your damages, then after they pay your claim they will pursue the potentially responsible party. This is usually done in your name as you are the party with the right to pursue recovery. The insurer, upon payment of your loss, is subrogated to your legal rights. The theory being that a wrong doer should not benefit from your insurance and that it is equitable to allow the insurance company to minimize its exposure by allowing it to pursue the responsible party. This was originally a common law doctorine that is now codified as a contractual right in many insurance policies.

If the insurer decide to subrogate, you will be required to provide reasonable cooperation. They will also seek to recover your deductible and any uninsured portion of the claim as part of their efforts. Thus, it is important to reach an agreement with the insurance company on how any recovery will be shared. Typically, the agreement provides that the insurance company will bear the expense of the recovery effort and then share the recovery with you on a percentage basis determined by the amount of your uninsured interest as a percent of the total loss. The expenses are first deducted from the recovery and then the balance is divided on the percentage basis.

Mocky

Couldn't have (and clearly, I didn't), explain it any better. Great post.

mikes2k

Wow thanks all! This is why I missed this community so much .. I won't be gone for sooooo long now. This has been dragging on.... back window needed to be ordered... they forgot to order molding... found more damage after tree was removed... STILL waiting on insurance adjuster/estimate. Car had aftermarket TINT ..I am sure they will hassle that as well. No one should ever be in the buisness of loss prevention as far as I am concerned.