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About Jay K. Williams, AAI, AIP, CIC, CRM
Expertise
I can answer questions relating to the following coverages: personal auto; homeowners; commercial auto; commercial liability; commercial property; business income and all other property and casualty coverages.

Experience
I have been in the insurance industry in Florida since 1979. I am currently the president of a Florida domestic insurance company subsidiary. I've taught continuing education classes in Florida and across the country. I am quite familiar with all coverages including Florida Condominium master policies and unit owner policies. I also specialize in agent professional liability. I have been a professional educator since 2001.

Organizations
I am a member of the Florida Associaion of Insurance Agents, the state affiliate of the Independent Insurance Agents and Brokers of America.

Education/Credentials
I currently carry the following professional designations: Accredited Advisor in Insurance (AAI) Associate in Insurance Production (AIP) Certified Insurance Counselor (CIC) Certified Risk Manager (CRM)

 
   

You are here:  Experts > Money > Personal Insurance > Property & Casualty Insurance > Tree fell on visitors car

Property & Casualty Insurance - Tree fell on visitors car


Expert: Jay K. Williams, AAI, AIP, CIC, CRM - 6/24/2009

Question
I have a good one. My husband was doing a friend a favor and helping them fix their car. They were supposed to come get the car but never came and got it so we left it in our yard. The next day a very bad storm came through and blew over a tree that we had no idea was going to fall. The owners of the car is trying to say we owe them a car. We live in Florida. We came to find out that the vehicle was financed and I was under the impression a financed car must have full coverage in the state of Florida and they had let their car insurance lapse. Also we found out that the car was in reposession. The owners have never made a payment, they only had the car for three months. They were trying to hurry us into buying them a car. Am I liable to pay for the vehicle.

Answer
Hi Amanda,

Isn't that always the way it is...you try to do something nice for someone and then they try to take advantage of you.  Don't let that stop you, though.

Fortunately, I don't see how you could be held liable for the damage. Unless the tree was rotten and about to fall, but you took no action, the tree falling is not your fault.

Anytime property is used as collateral, it is required by federal lending laws to be covered by some sort of property coverage. The bank should have known that the coverage had lapsed and force-placed insurance on it. If not, shame on the bank and shame on the people for not carrying the required coverage.

Anyway, rest assured that you are in no way responsible to purchase a new care for these folks.

Let me know if you have additional questions.

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