A massive storm blew through last night, and my 50-year-old oak tree snapped, crushing the guest’s Mercedes parked in the driveway. The guest is demanding I pay for the car. My homeowner’s insurance denied the claim, saying “The tree was healthy; it’s an Act of God.”
Key Takeaways
- The “Negligence” Trigger: You are only liable if you were negligent (i.e., the tree was dead/rotting and you knew it). If the tree was healthy, you are not liable.
- Guest’s Auto Policy is Primary: The guest’s own “Comprehensive” auto insurance covers falling objects. They must file with their carrier.
- Debris Removal: Your insurance might pay
500−500−1,000 to cut the tree off the driveway, but they won’t pay for the car. - The “Neighbor” Rule: The same applies if your tree hits a neighbor’s house. No negligence = no liability.
The “Why” (The Trap)
The trap is “Strict Liability vs. Negligence.”
Guests assume “Your tree, your fault.” But insurance law operates on negligence. Unless the guest can prove you ignored a rotting tree (negligence), your insurance owes them nothing. The trap is the bad review and the anger you face when you tell them, “Call your own insurance.”
The Investigation: I Called Them
- Geico (Auto): I asked, “If a tree falls on my car at an Airbnb, who pays?” They said, “Your Comprehensive coverage pays. We might try to subrogate (sue) the host if the tree was visibly dead, but usually, we just pay it.”
- Allstate (Home): “We will pay to remove the tree from the structure (house), but if it just fell on a car, we might only pay $500 for debris removal. We do not pay for the guest’s car unless you were negligent.”
- Airbnb AirCover: They will usually deny this property damage claim, citing “Act of God,” and direct the guest to their auto insurance.
Comparison Table: Tree Damage Responsibility
| Feature | Host’s Home Insurance | Guest’s Auto Insurance | Airbnb AirCover |
| Damage to Car | NO (Unless negligent) | YES (Comprehensive) | NO |
| Tree Removal Cost | Limited ( 500−500− 1k) | NO | NO |
| Damage to House | YES | NO | YES |
[IMAGE: Diagram showing a tree falling on a car, with arrows pointing to ‘Guest Auto Policy’ for the car and ‘Host Home Policy’ for the driveway cleanup]
Step-by-Step Action Plan
- Get an Arborist Inspection: Every 2 years, have a pro inspect your trees. Keep the report. If a healthy tree falls, this report proves you weren’t negligent.
- Take Photos Immediately: Photograph the wood where it snapped. If it looks fresh/white, it was healthy. If it’s black/spongy, you have a problem.
- Draft a Script: When it happens, tell the guest: “I am so sorry. Since this was a storm, insurance regulations require you to file this under your vehicle’s Comprehensive coverage. My insurance cannot open a claim for your vehicle.”
- Check “Debris Removal” Limits: Ensure your policy pays enough to get a massive tree off your property.
FAQ
What if the guest doesn’t have Comprehensive insurance?
They are out of luck. You are not their insurer. Do not offer to pay out of pocket, or you admit guilt.
Can I pay their deductible?
You can as a goodwill gesture to avoid a bad review, but have them sign a “Release of All Claims” so they don’t come back for more later.
What if the tree hit the neighbor’s roof?
Same rule. Neighbor files with their insurance. You are only liable if the tree was known to be dead.