Written by attorney Linda M. Shick

Tree Limb Falls on Parked Car - Who Pays for Damages?

The answer to your question depends on how your car was damaged. If it was struck by another vehicle and the identity of the owner and/or driver is known, then their insurance carrier should cover the damages to your vehicle. If their identity is not known, then your carrier should cover the damage, depending on the benefits your purchased on your policy of insurance. If you have collision coverage on your policy, then your carrier will pay for the repairs, less any deductible that you chose. If you purchased replacement rental coverage, then your carrier will pay for you to rent a car while your vehicle is repaired. If the identity of the owner and/or driver who hit your car is not known and you did not purchase collision coverage, then there is no insurance to cover your loss and you will have to pay out of your own pocket for any repairs. If your car was damaged by a falling tree limb while parked on the street, then the homeowner's coverage for the owner of the tree should pay for the repairs. If there is no applicable policy of homeowner's insurance, then your auto insurance carrier should pay if you purchased coverage for such a loss. You should review your automobile policy of insurance to make sure you are protected from harm caused to you or your family by someone else's negligence. You cannot count on the other guy to have adequate coverage to compensate you in the event of a loss. Many personal injury attorneys will review a policy for no charge during a free consultation. Make sure you understand your coverage -- it is too late to change the policy after an accident.

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