Collapsed Ceiling - Who is Liable for Property Damage?

[Michael Strachan]

Recently, the ceiling in the garage of one of our rental properties (located in California) collapsed and the debris fell onto some of our tenants personal property, including two motorcycles. He described heavy winds that seemed to be shaking the house before the collapse occurred. The tenant has asked whether we will file a claim with our insurance, or whether he should file a claim with his insurance to cover the damage to his personal items. If he files the claim, he has asked that we reimburse him for the deductible. It's worth noting that we purchased the property less than 6 months ago and that included an inspection in which no indication of damage was found.

In this case, who is liable for the damage and who should be the one submitting a claim, if any? If he submits the claim, should we reimburse for the deductible? It doesn't seem right to me that we would be expected to reimburse him. After all, that's what insurance is for, isn't it?

[Nathan Gesner]

Nobody is "liable" because it wasn't anyone's fault. It's considered an Act of God.

Your insurance is for your structure. It will not cover the renter's personal belongings. 

You should file a claim for your damages and the Tenant will file a claim for theirs. You both pay your own deductible. Again, you are not at fault and should not be required to pay his deductible, nor should you feel guilty for not paying it.