A Tree Fell On My Car
The situation: A tree from my neighbor's yard fell on my car during a storm. Whose insurance pays?
Quick Answer
Usually your own auto policy's comprehensive coverage, if you carry it, because damage from falling objects is a comprehensive claim, less your deductible. Homeowners policies typically don't cover cars. If the neighbor was negligent, such as ignoring a dead tree, your insurer may seek repayment from them, which can return your deductible.
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What Happened
During a windstorm, a large oak from Raj's neighbor's yard fell across his parked car. Raj had comprehensive coverage with a $500 deductible. His insurer paid for the repairs, less $500. The tree had been healthy, so there was no negligence claim against the neighbor. Removing the tree from the neighbor's yard was the neighbor's matter.
Likely Relevant Policies
- Auto Insurance (comprehensive)
- Neighbor's Homeowners Insurance (liability, if negligent)
Potential Coverages
Comprehensive Coverage High likelihood
Damage from falling or flying objects is a comprehensive claim.
Neighbor's liability coverage Possible likelihood
May apply if the neighbor was negligent, such as with a visibly dead tree.
Your homeowners policy Low likelihood
Homeowners policies generally don't cover your car.
Possible Exclusions
- Without comprehensive coverage, the auto policy won't pay for the damage.
- A healthy tree falling in a storm usually isn't anyone's negligence.
Questions That Determine Coverage
- Do you carry comprehensive coverage?
- Was the tree dead or visibly damaged before?
- What is your comprehensive deductible?
- Is the car a total loss?
Recommended Immediate Actions
- Photograph the car and tree before anything is moved.
- Report the claim to your auto insurer.
- Tell your neighbor and note the tree's condition.
- Keep towing and rental receipts.
Documents to Collect
- Photos
- Repair estimate
- Any record of the tree's condition
- Towing receipts
Common Claim Process
File a comprehensive claim with your auto insurer. If there's evidence of negligence, your insurer may pursue the neighbor's insurer through subrogation.
Potential Outcomes
- Repairs paid less the comprehensive deductible.
- Deductible possibly recovered if the neighbor was negligent.
- The car may be totaled if repairs cost more than its value.
Risk Prevention Tips
- Report a neighbor's dead tree in writing.
- Park away from large trees during storms when you can.
Frequently Asked Questions
Does the neighbor's insurance pay?
Only if the neighbor was negligent, generally.
Will a comprehensive claim raise my premium?
It may, but comprehensive claims often weigh less than at-fault collisions.
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The factual claims on this page were checked against these sources. Rules and figures change, so check the source itself if you need to confirm the current version.
- Auto insurance guideTexas Department of Insurance
Educational information, not advice: This scenario describes how a loss like this commonly goes, not how your claim will be decided. Coverage depends on your policy's wording, limits and deductibles, your state, and the facts. Confirm specifics with your insurer.