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Expert: - 5/24/2010


Question
My vehicles was parked on the street in front of my neighbors house.  Suddenly the tree in their front yard fell and smashed my car.  Their homeowners insurance is saying they are not going to cover the cost of the vehicle because the wind fell the tree.  Per the National Weather Service, the average wind speed for that day was 12.4 miles per hour.  Do I have to sue my neighbors in small claims court for reimbursement?

Answer
Nationide will only owe the claim if the owner of the tree can be shown to have negligently maintained the tree.  Can you show the tree was unhealthy or rotted?  Did they fail to have it trimmed or taken down when it was at risk for falling?  If so, you have a good case.  But a sudden wind gust is considered an Act of God and no one is liable for that unless they should have taken steps to prevent it, as noted above.

If you think you can show negligence on the part of the owner, ask to speak to the claim supervisor.  You can also try filing a complaint with the state insurance department.  If these options do not work, you will need to sue the neighbor in small claims court.  You do not need a lawyer and the setting is informal, but Nationwide will be required to hire  an attorney to defend your neighbor in court.  This will cost them money and they may decide to settle.

Good luck!

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Claims Guy

Expertise

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer......I can answer questions related to any aspect of Automobile insurance claims and coverages. I can provide an inside look at how insurers operate. I always treat my customers fairly and want to help make sure you are treated fairly. However, please keep in mind that being treated fairly according to the law does not guarantee that you will get what you want. I can also answer some questions regarding Homeowner's and other types of insurance claims. I have handled all types of auto insurance claims and coverages. I am NOT an automotive repair expert but can give advice re how insurers handle complex repair issues. Please keep in mind that every state has its own set of laws pertaining to rules of the road, liability, and insurance. No one is an expert on every state. I am most familiar with laws in Maryland, DC, West Virginia, and Virginia, but will attempt to answer questions for other states. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Experience

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Organizations
CPCU Society. Adjusters license in multiple states. International Association of Specal Investigators

Education/Credentials
I have a B.S. in Finance and have completed the AIC and CPCU designations.

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