Auto Insurance Claims: tree fell on car, bailee for hire


Question
My car was on a lien with a bondsman, while in possession of bondsman a tree fell on it, the bondsman said she was gonna try to get it covered on her business insurance. i am in texas, but my car is in north carolina. she told me her insurance was giving her a hard time about it. shouldn't her insurance cover that for me?

Answer
Melissa,

  Why did the other party have your vehicle.  I am not following the statement that it was on lien with a bondsman.  What does that mean?  

  You have what we call a Bailee situation.  What I don't know is the type of bailee.  Normally, someone who is temporarily in the possession of another's property is liable for damages caused to the property while in their possession.  Sometimes, there is absolute liability, meaning no matter how the damage occurred, the person who has the vehicle is responsible for the damage, but many times, negligence is what determines who owes for damages.

  Without more information I will be unable to provide a better answer.  You might benefit from a telephone consultation, bailee matters can get complicated.  Look us up . . .information is always free at Petty Details, LLC!

Sincerely,
Justin Petty