Neighbor's tree branch fell on trunk - how to proceed?

[Piwacet]

Hi. So overnight it seems a branch from my neighbor's tree broke off and hit my trunk. To me it looks like the trunk door needs to be replaced.

Does anyone know the proper way forward with the insurance - should I contact the neighbor to see if their building insurance would cover this, or just go right to my car insurance?

I will reach out to Tesla to see the cost of a trunk door replacement, but I'm guessing it will be in the thousands.

Thanks!

 

[Kairide]

I’m glad you didn’t title the thread; Is it Totaled?
If you can verify it was a branch from a tree on your neighbor’s property their home insurance policy may cover it.
If not, your comprehensive auto insurance would cover it without increasing your rates. You’d need to pay your deductible though.
I would talk to them, they may want to just pay out of pocket or worse case scenario pay your deductible for you.

 

[KenC]

Holy cow, that's a serious dent from what seems like a 5lb branch!

Definitely go to your insurance and have them deal with the neighbor's insurance.

I don't think trunk lids are crazy expensive.

Take some close up photos of where the trunk lid is dented to document any bark, and look carefully on the branch to see if there's any paint on the branch, and take photos of the tree overhanging your parking spot.

 

[Sklith]

 

[one2many]

Do not forget to get tree DNA.

 

[charlieaf92]

I'd start by calling YOUR home owners insurance company and ask them about it. I could be wrong, but I was under the impression that if a branch extends above your property it becomes your responsibility. You're free to cut it back, but also its your problem if it falls and causes damage. I'd say this isn't the best place to get specific legal advice and the best place to start would be your home owners insurance company. If it turns out your liable, comprehensive auto insurance claim seems like the best route to go.

 

[Piwacet]

Thanks everybody, really appreciate the input. The parking space is actually rented from a neighbor, will let them know.

The tree is located on a rental property. I've reached out to the property management company, and they are contacting their insurance, but have given me no information so far.

Tesla referred me to a body shop (they say the service center is currently only handling warranty work) and based on photos they think a new trunk door is all I will need. Unfortunately they said it would cost between 2k to 3k.

I asked the body shop for their advice, they recommended waiting to hear from the tree owners and their insurance. If they are not going to pay for it, then I should reach out to my insurance.

Thanks, appreciate the help!

 

[jkdman123]

Thanks everybody, really appreciate the input. The parking space is actually rented from a neighbor, will let them know.

The tree is located on a rental property. I've reached out to the property management company, and they are contacting their insurance, but have given me no information so far.

Tesla referred me to a body shop (they say the service center is currently only handling warranty work) and based on photos they think a new trunk door is all I will need. Unfortunately they said it would cost between 2k to 3k.

I asked the body shop for their advice, they recommended waiting to hear from the tree owners and their insurance. If they are not going to pay for it, then I should reach out to my insurance.

Thanks, appreciate the help!

If they are not going to pay for it, then you need to contact your insurance to see if they can take the appropriate party to court to cover the cost. If your insurance won't go that far, then you need to take them to court. If the facts are as you said, that damage is in no way your fault and you shouldn't get stuck making a claim with your insurance and paying your deductible.

If you have a decent insurance company, they should be able to go a long way toward getting their insurance company to pay for it unless the property owner is just a dirtbag who decided to let the policy lapse or something. But you seriously need to go scorched earth on them if they refuse or somehow try to blame you.

 

[Operator64]

Thanks everybody, really appreciate the input. The parking space is actually rented from a neighbor, will let them know.

that’s a significant fact about A rented space

The tree is located on a rental property. I've reached out to the property management company, and they are contacting their insurance, but have given me no information so far.

Tesla referred me to a body shop (they say the service center is currently only handling warranty work) and based on photos they think a new trunk door is all I will need. Unfortunately they said it would cost between 2k to 3k.

I asked the body shop for their advice, they recommended waiting to hear from the tree owners and their insurance. If they are not going to pay for it, then I should reach out to my insurance.

Thanks, appreciate the help!

 

[tessellated]

that’s a significant fact about A rented space

Being a rented space, they are liable for the damage done to your car. File a claim against their homeowners' policy. Do not contact your insurance. Not-at-fault claims still get logged on your file and are used to calculate policy increases.

 

[jkdman123]

Being a rented space, they are liable for the damage done to your car. File a claim against their homeowners' policy. Do not contact your insurance. Not-at-fault claims still get logged on your file and are used to calculate policy increases.

Not necessarily. Some companies MAY raise your rates based on not-at-fault claims, but that might be in the case of the at-fault party fleeing and you can't identify them.

It would be certainly something to ask BEFORE you make any claim just as a general question, but if your insurance does it, you should shop around for new insurance.

 

[Big Dog]

Call your own auto insurance first --that's what you pay them for -- and let them go after the other parties. Under CA law they cannot raise your rates when someone else is at fault.

 

[Spalding]

Not necessarily. Some companies MAY raise your rates based on not-at-fault claims, but that might be in the case of the at-fault party fleeing and you can't identify them.

It would be certainly something to ask BEFORE you make any claim just as a general question, but if your insurance does it, you should shop around for new insurance.

If you can't get it paid for through your neighbor's homeowners' policy, this would be covered by your auto policy's comprehensive coverage. All insurers differ, but claims under comprehensive virtually never result in an increase in rates. But yes, you should ask your agent about this before submitting a claim.

 

[Piwacet]

Thanks everybody, I really appreciate all the help. I will update this thread as things progress.

 

[Sanderpman12]

It kinda looks unique like that. I would say keep it like that

 

[Piwacet]

An aerodynamic lip! A new artistic spoiler!

I agree.

 

[tessellated]

Call your own auto insurance first --that's what you pay them for -- and let them go after the other parties. Under CA law they cannot raise your rates when someone else is at fault.

You guys are lucky to have consumer protection like that! Here in Wisconsin, I got rear ended while stopped in a car wash line by someone texting and my car was vandalized (smashed window). Rates went up and were raised when I shopped around because "not at fault claims are a risk factor".

 

[hsfrank]

being a rental space, it is the responsibility of the owners of that space to maintain it. Therefore, the proper party to solicit reimbursement would be the rental property owners, or in this case, the property managers. It appears they have turned it over to their insurance company, and you are awaiting their response. Depending on the circumstances that company may assert that it is an act of God, or they had no notice of the situation by you. In either case they may not pay you. Further, it may take quite a while for them to reach a decision and or investigate the situation. I think your best option would be your own automobile insurance company who would handle it further, including reimbursing you for any deductible.

 

[Watts_Up]

I could be wrong, but I was under the impression that if a branch extends above your property it becomes your responsibility.

Is there any height limitation?

After a given height, it migh become difficult to determine if a branch is above someone property or not.​

​

Also, if it is not reachable using a ladder, so let say about twelve feet from the ground,​

can you have someone going to the other property and climb into the tree?​

 

[KenC]

Height limits? At 12noon, if the shadow of the tree falls on your side of the property line, it could be on your side!

I use a cheap Sunjoe pole chainsaw for pruning. It has 8 ½' of reach. Adding my reach and one of those

folding Werners, I have over 20' of reach. Wow, just looked on the internet and there's a thing called a monkey rack ladder. Wow, seems crazy to me!