Tree fell on your car? Who's responsible for fixes after severe weather
AUSTIN (KXAN) — Clay Snodgrass looked for a parking space across his south Austin apartment complex. He recalled ice had started building on trees and he worried about his car.
"I started to try to look for a parking spot that didn't have a tree over it. I didn't find one. And came back to my original spot where I park all the time," he said.
Several hours later on that February day, Snodgrass said the ice storm toppled the tree on his car.
"There were two stumps stuck in the top... and on the trunk," he described. "There's just lots of dents and damages and dings to it."
He said there were many tree branches that had crashed under the weight of the ice across the complex.
"I thought 'Oh my gosh, I'm gonna have to call the apartment complex and find out who their insurance is' — so that way I can file a claim because my car was damaged by their tree falling and snapping in half and breaking on my car," he said.
Who is responsible?
But Snodgrass was surprised to learn the complex is not responsible.
"Property owners are not responsible for acts of nature, like ice build-up on a tree or a lightning strike," Texas Department of Insurance spokesperson Ben Gonzalez said. "The situation would be the same if the tree fell at a private home onto a neighbor’s vehicle. It’s an act of nature. You need to file on your own comprehensive coverage."
Gonzalez added there are times when a property owner could be responsible — such as if the property owner was in the process of trimming a tree and didn’t take proper precautions to protect people from falling limbs.
TDI couldn't provide the number of calls received about falling tree branches after this year's ice storm but did post a blog after getting questions on whether insurance covers fallen tree branches.
The state agency said all Texans should make sure they have the right auto coverage — comprehensive auto coverage which covers losses other than a collision, such as weather, theft or fire.
Snodgrass has insurance but worries about his deductible. Months later he still hasn't gotten his car repaired.
"That one there on the frame of the car is the one that's brutal. That's the one that the guy said would be hard to work on because that's the frame of the car," he said, pointing to the damage.
What should you do?
TDI explained before a storm, it's best to carefully consider your deductible — a higher deductible generally means a lower cost for the policy, but it also means you'll have to pay more out-of-pocket when you make a claim.
Snodgrass also reached out to the Austin Tenants Council for guidance and was told that car insurance is his best option for getting compensation. The tenants council responded to KXAN investigators that it consulted with Texas RioGrande Legal Aid and it's possible the complex could have some liability for tree damage, but that depends on what the lease says and whether the landlord was negligent regarding the tree.
KXAN investigators tried to reach Snodgrass's apartment complex several times but have not gotten a response back about how it's handled tenant concerns after the ice storm.
TDI said if a tree or tree branches fall on your car or house, use these tips:
- Take photos of the damage before you move the tree or make repairs
- Call your insurance company as soon as possible
- Save your receipts for reimbursement. TDI said your homeowner policy should cover materials and labor used to make repairs on your house.
Those with questions about insurance coverage can call TDI’s Help Line at 800-252-3439.