Legal Question in Insurance Law in Maryland

Re: Tree Falls on Car

Your course of pursuing a remedy depends largely on the facts.

If the tree was an obvious danger, or was dead/dying, or other similar

incidents happened where the land owner was on notice, then you could

sue him personally as well as claim against his insurance.

The easier path is to file a claim for property damage against your automobile policy.

This should be a covered claim. If you don't have insurance coverage, you should contact a lawyer.

Note that comprehensive coverage as well as a non-fault rider (i.e., limited to fire, acts of vandalism, etc.) would provide coverage

under your policy.

This claim should not result in your insurance rate being increased or your policy not being renewed. If this occurs, contact an attorney.

You should work with your auto insurer, telling them the name, address, etc. of the landowner and all relevant facts. This enables your insurance company

to seek their recovery through a subrogation claim (that is, they step in your shoes and sue the landowner for recovery or to obtain his insurance coverage).

If you require assistance, please contact me at (410) 799-9002.

Re: Tree Falls on Car

If the tree fell due to the negligence of the property owner, you may be able to sue and recover damages, which ought to be collectible because the person owns the property. However, understand that you have to show negligence: the storm was an act of God (can't sue Him). Even if there was insurance, without negligence you have no right to recovery against the owner. Negligence could include failure to remove a previously dead or damaged tree, for example. You should probably look to the comprehensive coverage on your own car insurance - that's what it is for.