Well, actually it was my wife's car, but the damn tree fell on it nonetheless. It really sucks because we had just moved into this apartment complex about a month ago and we never had to park in this particular area of the parking lot before (due to an a**hole who decided to take up two spots in our regular area). I was heading out the door to work this morning and noticed from the corner of my eye that half a freakin tree was sticking out of the back of my wife's car. Immediately, my thoughts turned to whether or not our auto insurance would cover this incident, considering we had just received the policy only two days ago. I figured it would since we got full-coverage, but I thought there may be some red tape to go through due to the newness of the policy. Sure enough, they're having to make sure we're not trying to fraud them by not allowing a claim to be made on the vehicle until Monday, at the earliest. Spoiled as I may be, I do not like having to 'carpool' with my wife, because of the absolute horrible gas mileage I get with my truck and the fact that she works about twenty miles further than I do. Obviously we're wanting to come to a resolution to this as soon as possible, so after removing the limb from the back of the car, we head over to the insurance claims office, about a mile from the apartment. However, the best our insurance agent can tell us is to see if our apartment complex would allow us to use a carport for the next couple of days and get things taken care of on Monday. Dejected, my wife and I headed back over to the complex to see about using a carport for the next few days and the leasing agent was more than happy to oblige, in fact they gave us a garage to keep the car in until our insurance can verify that they will, in fact, accept liability for it. Sitting around all day has made me wonder whether or not the apartment complex was so accommodating because they were trying to keep from accepting liability themselves. Which brings me here, to the brethren of the BBS. Would my apartment complex be liable for a tree in their parking lot, losing a limb and causing damage on a renter's vehicle?
That happened to a neighbor of mine in an apartment complex and the complex's insurance didn't cover the damages. It was a pretty small complex though and may have a different policy from a larger one. If nothing else go and ask them, the worst they can do is say no.
In no way is the apt complex liable in your situation since falling tree limbs are "acts of god". Now if they had a maintenance worker up there trimming trees, thats a different story ..............
Also if you can prove they were negligent in their upkeep of the tree. Like it was dead already and they never cut it down. Other than that, it's not their fault. It is considered an 'act of god'. Theologians and scientists might argue over the existence of God, but insurance agents know exactly where he is. He's throwing trees through your car
