My Insurance Company Won’t Cover The Tree That Fell On My Car During An Ice Storm

Posted January 12, 2015

Philosophers have long debated the question, “If a tree falls in the forest and no one is there to hear it, does it make a sound?” In Oklahoma, however, there is another question involving fallen trees that many people ponder: “If a tree falls on my car during a storm and no one wants to pay for the damages, what do I do?”  Thankfully, unlike the philosophical debate, there is an answer to this question.

 With the severe weather that is common in Oklahoma, trees can often fall during an ice storm or even during strong winds and thunderstorms. These fallen trees and branches not only damage the landscape, they can damage your property as well. But who is responsible for paying for it? Here are a couple of common misconceptions.

“It depends on whose tree it was.”

Many people mistakenly think that it the responsibility for covering damages depends on who the tree belonged to in the first place. If a neighbor’s tree falls on your car, parked in your driveway, then it would stand to reason that they are responsible. However, where the tree fell from doesn’t matter to your insurance company. Unless there is documented evidence that you asked your neighbor in writing to remove a dying or potentially dangerous tree, then damage to your property is your responsibility.

“It should be covered by my homeowner’s insurance.”

Many people think that if a tree falls on your car on your property, it should be covered by your homeowner’s insurance.  Most of the time this isn’t the case, unless there is a special provision written into your policy. So who should pay for it?

Comprehensive Insurance

If you have comprehensive coverage through your auto insurance, then damages caused by a fallen tree should be covered by your auto insurance company. You will of course have to pay your deductible, but the rest should be the responsibility of your insurance carrier.

Just because they should cover the damages doesn’t mean that they always do. Sometimes insurance companies deny claims that they should be paying. That’s where we come in. At The Bennett Law Firm, we deal exclusively with bad faith insurance claims, and we are good at what we do. If your insurance company is denying or unnecessarily delaying a legitimate claim, we can help you get the compensation that you deserve. Schedule a free consultation online or call The Bennett Law Firm at 405.272.0303 to discuss your legal options with an experienced Oklahoma City lawyer today. No Recovery, No Fee!