Question
What do I do if a tree falls on my car?
My car was parked at my apartment complex, and a rotted tree fell on my car (the apartment definitely knew about the tree). I spoke with my Travelers agent and he told me that the complex is liable for my damage since they knew the tree was rotted and never cut it down. The problem is that it has been 4 months since it happened, and the other company still has not fixed my car. What can I do?
Answer
That's frustrating! The good news is that if you have comprehensive coverage, then there should be no issue filing a claim with Travelers and getting your vehicle repaired in a timely manner since you've already been waiting on the other insurer. Even when damage isn't your fault, sometimes it's worth filing a claim with your own company to get things moving. Travelers would also then handle getting payment from your apartment complex's insurer if they were liable for damage; this is called subrogation and happens pretty often in the insurance world.
It's also worth asking Travelers whether your specific policy includes rental reimbursement or loss of use coverage, since you've been without your car for quite a while.
This has been a pretty lengthy wait for the apartment complex's insurer to handle things, especially considering California does have regulations around how promptly insurers are required to handle and respond to claims. You can always reach out to the Department of Insurance if you have other questions/complaints about the delay with the other carrier; As a Travelers customer you can ask your claims adjuster or agent questions going forward about your own claim. Hopefully you can get things settled quickly from here on out!
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