Car Damaged During Stay

[Wendy290]

Hi there! A tree limb fell on my car while I was parked in my host-designated parking space. I only have liability auto insurance. I briefly mentioned homeowner's insurance to my landlord. However, it turns out the where I was told to park is technically on her neighbor's property (as is the tree that caused the damage). Do I have any case for a homeowner's insurance claim from either her or the neighbor? I have another four weeks at this Airbnb and I certainly don't want to cause any trouble. But I am facing over $1000 worth in damage that I certainly can't afford right now. I guess I just want to know if I have a leg to stand on or if I'm better off just dropping it as I don't want to create an uncomfortable living situation... especially if I'm in the wrong.

Thanks in advance!

[Cynthia-and-Chris1]

@Wendy290 I would file a claim with your insurance company and give them the neighbors information. They will contact the neighbor and the neighbor can decide whether they want to just pay the claim out of pocket or involve their homeowners insurance. 

[Wendy290]

@Cynthia-and-Chris1 Thank you for the advice!

[David126]

The AirBnb aspect is not relevant, if you can show that the tree owner shoul reasonably have known that the branch was likely to fall and did nothing about you have a claim against them for their negligence in not taking care of the issue.

[Wendy290]

@David126 Thank you for the input!

[David126]

@Cynthia-and-Chris1 

@Wendy290 only has liability cover.

[Cynthia-and-Chris1]

@David126 Meaning her company won’t cover the damage, but they can go after the OTHER people’s insurance. 

[David126]

No

Meaning they have no involvement.

[Karen717]

Interested to hear how you went with this? 

I have a friend who had tree, not a limb a tree. It squashed her car righting it off and nearly killed her, 12 months later several operations and rehab and not a penny from any insurance company. Unless she could prove the owner of the tree knew the tree was a risk of falling and did nothing there was no way she could claim.

She hasn’t worked a day since this happened. 

[David126]

@Karen717

She would claim on her own insurance, not everything that happens is somebody else's fault. Plus any State benefits.