Expert: Harold E. Long, LUTCF, CLU, ChFC, RFC, RHU, REBC, CIC - 2/7/2008

Question
Hi, hope you can help.  My son lives in an apt bldg in a university town.  He's a student at the university.  While parked in his apt bldg's parking lot, a large tree fell onto his car (registered to me) during an ice storm.  I assumed removal of the tree would be the property owner's responsibility, but despite several phone calls over the past week, all I get from the landlord's staff (it's a pretty large office) is, "This is the first I've heard of it," and "We'll get right on it."  My auto insurance won't cover it because we no longer have collision ins (car is a '96 Honda).  What can I do?  My son needs his car.  We know the windshield is smashed but can't tell what other damage might have been done.  We don't have a chainsaw, and I'm not sure I want him attempting to remove the tree himself anyway.  Thanks in advance for your help.

Answer
Hi C.C.,

Unless you have comprehensive coverage on your car, there is really nothing you can do but absorb the cost yourself, or try to pass the cost onto the Landlord. This would be considered an act of nature/God, so the landlord's insurance will not respond to your damaged vehicle either. The landlord, I would assume would want the tree removed from the premises for several reasons and they would have to absorb the cost to do so, so my suggestion is to, in a very professional and courtesy way, keep asking them to remove the tree, so your son can get his car back. If they refuse, you will either have to pay to have the tree removed from the car, or hire legal counsel.

I hope this helps, and I am very sorry to hear about your loss.

Sincerely,
Harold E. Long