Legal Question in Insurance Law in North Carolina
Liability for personal property damage`
During a strong wind storm, a tree branch from a tree on my property fell onto the neighbor's car. Am I liable for the damage and can I file home insurance for the claim (if I am liable)?
1 Answer from Attorneys
Re: Liability for personal property damage`
If you were negligent, you can be held liable. This is
not automatic, but the other party can make a claim
against you. Yes, your homeowner's insurer will cover
you for this, but they may not pay anything if you
are not at fault.
It may be your neighbor will make a claim under his
own auto or homeowner's policy for the property
damage, which will pay him without regard to any
fault of anyone.
You should advise your agent/insurer of the incident
immediately to protect yourself. If you are friendly
with your neighbor, go find out what he is planning
and then you will know what to do.