Do I have a claim

by timothy ledger
(martins ferry ohio)

my truck was parked outside my rented house while i was at work a branch which was rotten fell onto my truck roof causing $ 4100 damage the truck was valued at $ 5200 after contacting the insurance company of my landlord because the tree is on his property they first said i would be covered then two days later say it was an act of god i was only insured for liability on my vehicle insurance

am I covered by the landlords insurance are they responsible?

Answer


Boy this is one is good one.

Act of God is a defense to negligence or liability. If there is an act of God, then no one is at fault, making the landlord not responsible for your damages. You would have to make a claim against your own auto policy if you carry comprehensive.

You say that the tree was rotten. Act of God is applied to storms, winds, thunder, etc. Rotten trees could be pushed by wind, so we guess that it could stretch to cover (or to exclude) your case.

However, an investigation must be done. How long has the tree been rotten for? Was the Landlord aware of the situation and did not fix the problem?

If the tree was rotten for a while then you probably have a good claim. If the tree was hit by wind and no one new or could anticipate that it would just snap, then it could be considered an Act of God.

Good Luck,