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  1. #1
    Join Date
    May 2012
    Location
    Mi
    Posts
    21

    Default Hit a Tree Due to Ice - is the Property Owner Liable

    My question involves an injury that occurred in the state of: Michigan
    12/29/2012 I was heading down the driveway of a friends house, where I reside. I was going extremely slow as it is a icy driveway in area's. I had hit a patch of ice that is about 12ft in length, which resulted in hitting a tree. There is approximately 800+ in damages to the front end of my vehicle, will their home owners Ins cover the damages? Also will the home owners Ins cover bodily injury? Did not go to the ER as there was no bleeding, cuts or bumps, as the evening progressed my lower back started to bother me. I am unsure if I should go to the ER to have my back checked out or wait and have my PCP check me over when I see him on 12/31/2012. Do I need to file a police report regarding the incident? I have takin pictures of the damage to my vehicle and how icy the driveway is, and the tree that my vehicle slide I to from the ice.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Who is Responsible

    I'm not sure why the homeowners should be responsible. The tree wasn't exactly moving into your way, y'know?

    Won't your insurance cover it?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Who is Responsible

    Why should their insurance pay for your failure to control your vehicle? That is why you have self insurance in MI. Actually, if it was my tree and you attempted that crap, I would report you for violating MI 257.622.

    http://www.legislature.mi.gov/%28S%2...me=mcl-257-622

  4. #4
    Join Date
    Jan 2006
    Posts
    38,532

    Default Re: Who is Responsible

    12/29/2012 I was heading down the driveway of a friends house, where I reside.
    explain the terms of your residency


    there is no reason to go to an ER unless it is an emergency situation.

  5. #5
    Join Date
    May 2012
    Location
    Mi
    Posts
    21

    Default Re: Who is Responsible

    jk. I am unsure by what you are asking. I was I invited by the owners to stay here until I found a house.

  6. #6
    Join Date
    Oct 2006
    Posts
    15,274

    Default Re: Who is Responsible

    Quote Quoting karenrae
    View Post
    jk. I am unsure by what you are asking. I was I invited by the owners to stay here until I found a house.
    That doesn't make the homeowners responsible for your single car accident. If the homeowners were not the cause of your accident, their homeowners insurance would not cover the accident.

  7. #7
    Join Date
    May 2012
    Location
    Mi
    Posts
    21

    Default Re: Who is Responsible

    Dogmatique no my Ins will not cover the repair for my vehicle. I am not the only one who has had issues with this area of the drive, but am the only one who has hit the tree. It's not like I was looking for my truck to hit the tree either.

    - - - Updated - - -

    The ice was the cause of the accident.

  8. #8
    Join Date
    Sep 2010
    Posts
    19,000

    Default Re: Who is Responsible

    If you were a visitor, you might have claimed the residents of the property had some duty to keep the driveway clear (though even that is illusory). As a resident, you're as responsible as anybody else.

    You can report it to the homeowner's insurance, but they're likely to tell you to pound sand.
    If you can't deal with fixing your car, you should have had appropriate insurance coverage.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,896

    Default Re: Who is Responsible

    Not to mention that many homeowner's policies exclude "Acts of God".

  10. #10
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Who is Responsible

    Quote Quoting karenrae
    View Post
    Dogmatique no my Ins will not cover the repair for my vehicle. I am not the only one who has had issues with this area of the drive, but am the only one who has hit the tree. It's not like I was looking for my truck to hit the tree either.

    - - - Updated - - -

    The ice was the cause of the accident.

    You'll probably find that you're the one responsible for the accident. You had an extra duty of care to be driving safely per the conditions.

    Yes, accidents happen. They really do. But this one? Not the tree's fault.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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