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Property & Casualty Insurance/Who is liable if a palm frond on private property damages my car?

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QUESTION: Hi,

We had parked our car on the street with metered parking and came back to find our windshield shattered and car roof dented by a falling palm frond. The trees are classified as private property belonging to a commercial management company. What is the impact of filing a Comprehensive claim with my insurance company, deductible, insurance rate increase, etc.? Does the management company have any liability with this? Could it be considered negligent to have not trimmed this frond in particular? Do I have recourse or precedent?

Thank you,
Erick in Miami

ANSWER: Hi Erick,
Sorry to hear that happened. Usually comp claims will not hurt you like collision claims will and affect your rates. In your case, the comp portion of your policy will cover. For the windshield, there is no deductible for the windshield, and that would be fixed for free even if a rock cracked it. How much will it cost to fix the roof?? Say you have a $500 ded. and the damage is say $600, a claim for $100 is not worth it, call your agent, NOT claims, and discuss all the above with him, then if you have any more questions, please feel free to contact me, good luck!!!!

---------- FOLLOW-UP ----------

QUESTION: Hi Steve,

Thank you for your response. The damage is in the thousands as my Lexus has a dented hood, bumper, and roof. Who would be liable for this? The sidewalk and road are County property, but the trees are private property belonging to a management company. Do you think either of these parties would be liable?

Thank you,
Erick

Answer
Eric,
What will probably happen, if you make a claim, your insurance co will go after the owner of the property, again, call your agent and he will probably set you in the correct direction, and if they cannot identify the owner, you will ultimately be paid by your insurance co. They will probably fix your car, take your deductible, and if and when successful in collecting from the owner you will have your deductible returned. Again, let me know if any other questions.

Steve

Property & Casualty Insurance

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steve zimmerman

Expertise

Can answer questions relating to auto, single family home, and condominium insurance. Can answer general questions, and an expert on policies in florida

Experience

Sucessful agent with the necessary 220 license for the state of florida

Education/Credentials
Bachelor of Science degree

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