Tree fell on tenant's car

[Helen Zhang]

Hi BiggerPockets Landlords,

I live in California and the property is in California. A tree fell down and hits right on tenant's car. (Or tenant claims that the tree fell on his car, with no exact proof backing up all the damages except windshield). He went to body shop and got a quote, and the quote include roof damages and upper hood damages.  

He parked his car on the side of the curb, and the tree belongs to my house in the front yard. 

Who should be responsible for the damage? His auto insurance? my rental insurance? 

I have just scheduled an appointment with my attorney but have not yet get to talk to him, but I'm curious what landlords do in this situation. 

Thanks,

Helen 

[Colton S.]

I would push back a bit on the tenant. Did they not take photos, is there any sort of marks from the tree on the hood, roof? If there is not any proof linking the tree falling to the damage in the car, it's not your problem. 

For all you know, it might have already been broken. 

check out thiswebsite - it addresses it.

Quote from allstate: "If the tree that fell on your car belongs to a neighbor, in many cases, you would likely still rely on the comprehensive coverage in your auto insurance policy. But, your neighbor's policy may cover the damages if it can be proved that the tree fell due to that person's negligence." - Located here.