Auto Insurance Claims: Auto Insurance Claim, state insurance department, national weather service

Question
My vehicles was parked on the street in front of my neighbors house.  Suddenly the tree in their front yard fell and smashed my car.  Their homeowners insurance is saying they are not going to cover the cost of the vehicle because the wind fell the tree.  Per the National Weather Service, the average wind speed for that day was 12.4 miles per hour.  Do I have to sue my neighbors in small claims court for reimbursement?

Answer
Nationide will only owe the claim if the owner of the tree can be shown to have negligently maintained the tree.  Can you show the tree was unhealthy or rotted?  Did they fail to have it trimmed or taken down when it was at risk for falling?  If so, you have a good case.  But a sudden wind gust is considered an Act of God and no one is liable for that unless they should have taken steps to prevent it, as noted above.

If you think you can show negligence on the part of the owner, ask to speak to the claim supervisor.  You can also try filing a complaint with the state insurance department.  If these options do not work, you will need to sue the neighbor in small claims court.  You do not need a lawyer and the setting is informal, but Nationwide will be required to hire  an attorney to defend your neighbor in court.  This will cost them money and they may decide to settle.

Good luck!