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A tree fell on my car because of windstorm and crushed it. Is the leasing management responsible in paying for damages?
Posted by: property management problems ()
Date: July 10, 2014 03:36PM

I rent an apartment in Fairfax and the other day a tree fell on my car and crushed it. I don't have comprehensive coverage and so insurance company is not paying for the damages. The property management says they are not liable for the damage claiming they don't cover personal property. But it the tree belongs to them and was on the common ground. It fell over during the thunderstorm and hit my car, which was parked in the parking lot.

Is this a valid reason for them to deny my request? If not what are my options? Thanks for your help!

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Re: A tree fell on my car because of windstorm and crushed it. Is the leasing management responsible in paying for damages?
Posted by: Car ()
Date: July 10, 2014 03:37PM

No your car insurance is responsible.

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Re: A tree fell on my car because of windstorm and crushed it. Is the leasing management responsible in paying for damages?
Posted by: wrong answer ()
Date: July 10, 2014 03:39PM

If the tree was rotted, and the owner of the property knew the tree was rotted and a limb breaking loose in a windstorm was a reasonable consequence of the disease in the tree, the LL COULD be held responsible for your damages.

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Re: A tree fell on my car because of windstorm and crushed it. Is the leasing management responsible in paying for damages?
Posted by: FFX County link on this ()
Date: July 10, 2014 03:40PM

wrong answer Wrote:
-------------------------------------------------------
> If the tree was rotted, and the owner of the
> property knew the tree was rotted and a limb
> breaking loose in a windstorm was a reasonable
> consequence of the disease in the tree, the LL
> COULD be held responsible for your damages.


Hazardous Trees on Private Property
http://www.fairfaxcounty.gov/dpwes/environmental/privateproperty.htm

Fairfax County has no legal authority to require the removal of hazardous tree(s) that are located on private property unless the tree(s) threaten the public at large (public streets, sidewalks, school yards and parks). If the Urban Forest Management Division determines that the tree(s) are a threat to the public, then the owner of the property is required to have the tree(s) removed.

When there is a dispute between neighbors about a hazardous tree, this is a civil issue and Fairfax County will not take action in these situations.

When a hazardous tree is located on private property and is not threatening any public areas, then Fairfax County will not require the removal of the tree, but recommends that the property owner contact a tree removal contractor or arborist for advice on how to handle the situation. Possible solutions may include pruning, providing external support for weakened trees, providing remedial care or removing the affected tree. Find out how to hire an arborist.

If you want to remove a tree on your property, you will need to find out if there are any conservation easements, Resource Protection Areas or Environmental Quality Corridors on your property. You can check your property plat to find out if you have any of these areas designated on your property. In general, trees that are determined to be dead, diseased and/or dying can be removed from these areas by hand, but must be replaced with similar vegetation. A representative of the Urban Forest Management Division will evaluate the tree(s) in this situation and provide recommendations for replacement. If you are concerned about a tree on your property and you think it may be in a Resource Protection Area, Environmental Quality Corridor or conservation easement, contact the Urban Forest Management Division at 703-324-1770, TTY 711 or by e-mail.

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Re: A tree fell on my car because of windstorm and crushed it. Is the leasing management responsible in paying for damages?
Posted by: Insurance expert here ()
Date: July 10, 2014 03:41PM

Was the tree alive or dead or diseased? If it was alive and just a victim of the storm, nobody is responsible......Act of God. If the tree was obviously dead and you have proof of written notice (certified mail return receipt) you advised the property owner of the imminent danger of the tree falling and they failed to act to remove it, then they COULD be held responsible.

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Re: A tree fell on my car because of windstorm and crushed it. Is the leasing management responsible in paying for damages?
Posted by: jY9YP ()
Date: July 10, 2014 03:42PM

property management problems Wrote:
-------------------------------------------------------
> I rent an apartment in Fairfax and the other day a
> tree fell on my car and crushed it. I don't have
> comprehensive coverage and so insurance company is
> not paying for the damages. The property
> management says they are not liable for the damage
> claiming they don't cover personal property. But
> it the tree belongs to them and was on the common
> ground. It fell over during the thunderstorm and
> hit my car, which was parked in the parking lot.
>
> Is this a valid reason for them to deny my
> request? If not what are my options? Thanks for
> your help!

I agree with them. They don't insure people's cars. If they had a responsibility to protect your car somehow, that would be a different story.

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Re: A tree fell on my car because of windstorm and crushed it. Is the leasing management responsible in paying for damages?
Posted by: TKXdm ()
Date: July 10, 2014 03:42PM


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Re: A tree fell on my car because of windstorm and crushed it. Is the leasing management responsible in paying for damages?
Posted by: K. Lepto ()
Date: July 10, 2014 03:45PM

You didn't have comprehensive coverage? Bad idea. I'm sure you'll make a different choice with your next ride.

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Re: A tree fell on my car because of windstorm and crushed it. Is the leasing management responsible in paying for damages?
Posted by: JVvXm ()
Date: July 10, 2014 03:47PM

property management problems Wrote:
-------------------------------------------------------
> I rent an apartment in Fairfax and the other day a
> tree fell on my car and crushed it. I don't have
> comprehensive coverage and so insurance company is
> not paying for the damages. The property
> management says they are not liable for the damage
> claiming they don't cover personal property. But
> it the tree belongs to them and was on the common
> ground. It fell over during the thunderstorm and
> hit my car, which was parked in the parking lot.
>
> Is this a valid reason for them to deny my
> request? If not what are my options? Thanks for
> your help!

Check out the link above for the county and see what they have to say about it.

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