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Subject: Tree damage to Vehicle (totaled)
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Author Messages
BellaR
(Arizona)

Posts:1


09/03/2019 2:40 PM  
Hello,

Can anyone give me some insight on how the HOA's insurance company can immediately say a downed tree is an act of Nature and they are not liable? Farmers is naturally denying any responsibility and saying acts of nature are not covered. Any thoughts, insight and suggestions as to what to say and not to say in this case would be very welcomed.
CathyA3
(Ohio)

Posts:461


09/03/2019 3:17 PM  
Posted By BellaR on 09/03/2019 2:40 PM
Hello,

Can anyone give me some insight on how the HOA's insurance company can immediately say a downed tree is an act of Nature and they are not liable? Farmers is naturally denying any responsibility and saying acts of nature are not covered. Any thoughts, insight and suggestions as to what to say and not to say in this case would be very welcomed.




An act of God is an event resulting from natural causes, without human intervention, and one that could not have been prevented by reasonable foresight or care—for example, floods, lightning, earthquake, or storms.

It's very common for insurance policies exclude acts of God. If the tree were healthy and were blown over in a storm, that's an act of God. However, if the tree was unhealthy, dropping leaves and branches, and the owner/HOA had not been maintaining it properly, that's probably not an act of God and the owner of the vehicle may want to pursue this.

(Disclaimer: I'm not an insurance professional.)
LetA
(Nevada)

Posts:789


09/03/2019 3:58 PM  
Posted By BellaR on 09/03/2019 2:40 PM
Hello,

Can anyone give me some insight on how the HOA's insurance company can immediately say a downed tree is an act of Nature and they are not liable? Farmers is naturally denying any responsibility and saying acts of nature are not covered. Any thoughts, insight and suggestions as to what to say and not to say in this case would be very welcomed.





Because it is an act of God, and the HOA will come back and bury you in receipts for regular landscape maintenance You will be hard pressed to prove negligence on a healthy tree thats been properly cared for.
MelissaP1
(Alabama)

Posts:8603


09/03/2019 4:17 PM  
This is an insurance determination NOT a HOA thing. Let the insurance fight it out. Not enough details on the situation as well. We don't know how/when the tree fell over. Why isn't the homeowner's insurance or car owner's insurance not involved?

I had a tree fall on my neighbors house. Crashed on the roof. The tree was rotten and fell during the remnants of a tropical storm came through. My insurance had to pay for my neighbor's new roof. They filed the claim on my insurance. If it had been a healthy tree and had fallen, then my neighbor's insurance would have picked up the bill. Since tree was unhealthy and was aware of it, it was my fault. Note: The tree was in a difficult spot making it extremely difficult to remove.

So time to talk to your insurance company to get things done.

Former HOA President
KarlP
(Maryland)

Posts:1


09/04/2019 2:10 AM  
In Maryland a homeowner is responsible for any damage from a neighboring tree (including disposal of tree part on homeowner’s property unless the homeowner(s) have notified the tree owners that their tree(s) is/are endangering the homeowner’s property and inform the tree owners that they will be liable if the homeowner(s) property is damaged. The court will accept a copy of an email notification as proof.
TimM11


Posts:303


09/04/2019 10:30 AM  
You pay your insurance company to fight this battle for you, so let them fight it out with your HOA's insurance company.
RichardP13


Posts:0


09/04/2019 10:32 AM  
Posted By TimM11 on 09/04/2019 10:30 AM
You pay your insurance company to fight this battle for you, so let them fight it out with your HOA's insurance company.



Amen to that!
JohnC46
(South Carolina)

Posts:8733


09/04/2019 1:27 PM  
Bella

You start with your automobile insurer and go from there. Not sure it could fall under your homeowners insurance unless you are in a single family home.
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Forums > Homeowner Association > HOA Discussions > Tree damage to Vehicle (totaled)



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