My car was damaged during an Airbnb stay

[Christina173]

Hey all!

I was a guest at an Airbnb a few months back and a huge branch broke off a tree during a storm and fell onto my car. Broke the glass out and caused body damage. When we heard back from the host, she apologized and even said she had feared that happening and moved her car to someone else's house for that reason. Anyway, we sent her photos of the damage etc. I got the bill today and now I can't find her contact into (Airbnb has it blocked or something) so I'm kind of at a stalemate here. The car was parked on the property so would that fall under some kind of homeowners policy? Any help appreciated. Thanks!!!

[David126]

It would fall under your Auto Insurance.

[Cynthia-and-Chris1]

@Christina173 - @David126 is correct, this would fall under your personal automobile insurance.  The host cannot be responsible for "acts of God" - such as weather, etc.  The host didn't cause the branch to fall on your car, therefore they would not be responsible for the damage. 

[Christina173]

I also did not cause the branch to fall on my car either, so that logic makes it not my fault, too. I have found a lot of information that protects the host and their property but not much regarding the protection of guest property. If I knew the tree was rotting, I never would have parked under it. 

[Cynthia-and-Chris1]

@Christina173  But that's exactly what insurance is for - to cover your vehicle in the case of an accident.  Your car could have been parked on a public street and had a tree fall on it.  Accidents happen.  If you can prove negligence on the part of the host, you could possibly take her to small claims court to recoup the cost.

[David126]

If you want to make a succesful case against another party, then you need to be able to show that they both had a duty of care and were negligent. I doubt there is a strict liability for damage caused by falling trees, that would be a local legal issue but it would be very odd for that to be the case.

I do not think the duty of care would be an issue. You mentioned the storm, but lets say there was no storm, the property owner knew in allowing you to park there that the tree was rotten and could reasonably forsee the incident - then you have a case.

As @Cynthia-and-Chris1 said things happen, does not mean somebody else is responsible.