During an afternoon storm, a tree fell on wires which snapped the top off of a power pole beside my parking lot. My car was hit by the falling piece, breaking the windshield and leaving a large deep dent in the hood.
I contacted the power company who referred me to the firm which handles these claims for them. I gave answers about the incident over the phone to someone at this firm. A week later I received a letter from the firm indicating that they investigated the incident and saw no negligence on the part of the power company which contributed to my loss.
The part of the letter that concerns me reads in part: “…(the power company) is not liable for any loss or damage to a customer resulting from a service interruption that is caused by an accident or other cause beyond its control.”
But I’m not seeking compensation for damage resulting in the service interruption, I’m seeking compensation as a person whose car was hit by the broken power pole. There is no mention of the damage to the car in the letter.
Do I have any recourse in acting against the power company? I’m only looking for whatever it costs to repair the car. I don’t think it would be practical to take the issue to court as that would cost me money whether I win or lose, or so I assume.
If anyone has had a similar experience or can provide helpful knowledge as to my next steps, I would appreciate the insight.
I’ve had something similar. Bottom line, there was no negligence on their part, this was an unforseen act…an ‘act of god’ if you will.
Your insurance company will confirm that the power company is not liable.
There are various scenerios that make this logical, but the key is that the power company was not negligent and could not have foreseen this naturally occuring act.
For example: If your car was picked up by a tornado and thrown 1/2 mile away into someone’s house, you would also not be responsible for the damage to the house.
Perhaps the person responsible for the tree, may have some liability but your insurance company can help there.
I had water coming in my condo unit from the upstairs unit. It was a premature failure of a water line and the owner above me couldn’t have forseen it. He was away out of the country but did his best to get someone in there to stop the water.
This is where I learned of the concept of ‘negligence’ when it comes to insurance liability. He wasn’t negligent and his insurance company didn’t pay up. Mine agreed with that assessment.
The next spate of leaks I had from above (two floors above me this time), I made sure I sent certified letters to the owner each time it happened and included the word ‘negligence’ specifically on purpose.
Note that I really did think this owner was negligent, I didn’t just throw the word in and accuse him of negligence to be an ass. 5 major leaks in a 2 year period indicates you have a chronic plumbing problem that you need to fix.
Yeah, probably either the homeowner who owned the tree, or the city, if it was a city landscaping tree. The city I live in reserves the right to plant a tree in front of your house. They also have a number to call to file a claim on their insurance if a city tree falls and causes damage.
Otherwise, it falls under “comprehensive” on your auto policy. As noted, your insurance company will probably try to get the money out of the party responsible for the tree before paying off on comprehensive.
Back in the '70s, I parked at an airport parking lot in Amarillo, Texas when on a trip. After flying back, they drove my car up to me. Imagine my surprise when I saw a big hole in the roof and the windshield and other windows busted out. Seems that a tornado came through; picked up a utility pole (think small telephone pole ); and speared my car with it. Of course it was “An Act of God” and their policy didn’t cover it. It was an old car without full coverage so I went to a junk yard and bought a windshield and the other windows. Pop-riveted some sheetmetal on the roof and used RTV to seal up the hole.
OH! Driving a car full of broken glass with the windshield mostly gone about 100 miles is NOT fun. I had to stop at a hardware store and get some safety goggles.
Sill I think that the OP should be able to get money out of the utility company. May take getting a lawyer though.
I had an issue like this when a tree limb fell on my car during a wind storm while parked on the street. $1400 damage estimate on a car worth $1500. I received resistance from the tree owner who said the tree was healthy and it was an Act of God that caused the damage. I only had liability insurance on the car and my insurance company offered no help on a parked vehicle.
It wasn’t a great car, but it was dependable and paid for. And just like that- towed for salvage with no compensation. Life is like that sometimes and it always sucks.
Here’s a case where I was the the insured on both sides - my car was parked in my garage during Hurricane Wilma. I have a crawl space over the garage, and due to winds and pressure changes, the wooden covering to the entrance fell on the hood of my car. I spoke to both my home and car insurance company, and they both agreed that this was a claim for the car insurance.