Is landlord responsible for tree damage to car? Does Renters insurance pay?

Why you should trust Insure.com

Quality Verified

At Insure.com, we are committed to providing honest and reliable information so that you can make the best financial decisions for you and your family. All of our content is written and reviewed by industry professionals and insurance experts. We maintain strict editorial independence from insurance companies to maintain editorial integrity, so our recommendations are unbiased and are based on a comprehensive list of criteria.

If a tree falls on a rental property, your landlord isn’t responsible for any damage to your car. However, you may be able to get some compensation depending on the exact circumstances of the incident. Read on to find out what to do if a tree fell on your car at an apartment complex.

Key Takeaways

Falling tree damage to cars is generally covered by the vehicle’s auto insurance.
A car insurance policy’s comprehensive coverage handles the repairs.
Renters insurance doesn’t cover vehicle damage — even if it happens on the property.
A landlord may be deemed liable if the tree was dead, diseased or damaged at the time of the loss. In that case, the car insurance company may approach the landlord’s insurer for repayment.
If the landlord is liable, the property owner’s liability coverage may reimburse the car insurance company and recoup the deductible.

Who is responsible when a tree falls on a car at an apartment?

If a tree falls on your vehicle, your own auto insurance policy covers the damages.

Acts of nature that harm someone else’s property — like a natural disaster or a storm causing a tree to fall on a car — aren’t usually covered by a home insurance policy because there is no negligence on the part of the homeowner. Therefore, the landlord won’t be found liable by their insurance company for natural disasters and storms.

That said, the landlord is responsible for ensuring trees are properly maintained. If you believe the landlord knew about a dead tree, or one that was diseased or could easily fall with or without a storm and did nothing about it, there could be responsibility put on the landlord for not taking care of this dangerous situation. In this case, the damage might be covered by the landlord’s home liability insurance.

When does a landlord’s liability insurance get involved?

Liability coverage kicks in if the property owner is at fault for allowing dangerous conditions, failing to maintain the trees, or for other reasons.

However, the homeowners insurance carrier may say you contributed to damaging your vehicle if you also knew of the tree’s fragile condition and parked near it.

What type of car insurance pays for tree damage?

The easiest way to get your car repaired, or have its actual cash value paid out if it’s totaled, is to place a claim through your own car insurance. Specifically, this is covered under the comprehensive coverage part of your insurance policy.

Comprehensive coverage handles “other than collision” incidents, such as damage sustained from an act of nature. Keep in mind that you’ll be responsible for paying the deductible.

If, after you make your auto claim, your car insurance company thinks your landlord is liable, it could pursue the landlord and the home insurance policy to recover what the insurance provider paid out (and perhaps recoup your deductible).

And if a tree falls on a tenant’s car because of a third party, such as a landscaping tree removal company, their insurance should cover any repairs (or payouts if the tree fell on your car and it is totaled).

Is a landlord responsible for tree trimming?

In many cases, the lease agreement outlines whose responsibility it is to maintain landscaping and in what capacity. Some landlords might have their tenants sign a separate lawn care or landscaping addendum to the lease.

However, if the lease doesn’t outline any tree trimming provisions, the landlord is generally responsible. That’s usually in the best interest of both parties, too, since there’s liability involved in tree trimming. For one, the tenant could fall and injure themselves. Or they could prune improperly and end up deforming or killing the tree.

For these reasons, it’s generally assumed that for safety and insurance purposes, tree maintenance is a responsibility that falls on landlords and is a normal cost of owning property.

Does renters insurance cover a tree falling on my car?

If you have renters insurance and a falling tree damages your car, the big question is: does renters insurance cover a tree falling on a car? Unfortunately, the answer is no.

A renters insurance policy covers your personal property in rental properties, such as furniture, clothing and electronics, if they’re damaged or stolen. Renters insurance also covers belongings that are stolen from your personal vehicle. However, it won’t cover the car itself, even if it’s parked or stored on the property you’re renting.

Therefore, if a falling tree damages your car, you’ll need to go through your auto insurance to file a claim.

QuickTake

Renters insurance quotes: Compare rates

How renters insurance works for pit bulls

Flood insurance for renters - A complete guide

How often should you shop around for renters insurance?

How much does renters insurance cost?

Does renters insurance cover a bike theft?

What does renters insurance cover?

Ten ways to save on your renters insurance

Best renters insurance companies: 2018

What is a tenant’s responsibility for tree upkeep?

Tenants aren’t generally responsible for major tree maintenance, such as trimming trees and branches. Most lease agreements outline basic landscaping responsibilities on the part of the tenant, such as watering, mowing and weeding.

In some cases, the landlord may also employ a gardening or landscaping company to handle these maintenance tasks.

If you aren’t sure what your responsibilities are regarding tree upkeep, review your lease or ask your landlord (and have those responsibilities outlined in writing).

Casey Bond

Contributing Researcher

Casey Bond is a seasoned writer and editor who has covered personal finance for more than a decade. Previously, she reported on money, home and living for HuffPost. She has held editorial management roles at Student Loan Hero and GOBankingRates. Her work has appeared in Forbes, Money.com, Yahoo! Finance, U.S. News & World Report, and more. In 2019, she won a NEFE Excellence in Personal Finance Reporting Award. She is also a Certified Personal Finance Counselor.