Q: I purchased a car from a dealer ship in Dec of 23. On July 14,2024 a tree branch fell on it and totaled it out.
My insurance paid out and GAP denied me because I did a couple of Instacart deliveries. It wasn’t a moving violation. The car was parked at my nieces house in the driveway. Can I appeal the case because I am stuck with the remaining bal of over 8000 dollars. I’ve also checked if the landlord was liable he stated that he isn’t responsible for thing outside the home in the lease. But, in the state of Illinois the homeowner isn’t responsible unless the tree is dead or poisoned. I’m assuming the tree is dead because it wasn’t an act of God. It rained night before but sunny that day. And I heard from several neighbors that another part of the dead fell off before my niece moved in. Can I still pursue for damages? Any suggestions?
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A:
You may have grounds to appeal the GAP insurance denial, especially if you can argue that the car was not being used for commercial purposes at the time of the incident. Even though you used the car for Instacart deliveries, if the damage occurred while it was parked and not in use for deliveries, you can make a case that this shouldn't disqualify you from coverage. Review your GAP insurance policy in detail to see if there are any clauses about non-commercial use or what constitutes commercial activity.
As for pursuing damages from the homeowner, you might still have an option if you can prove that the tree was dead or in a dangerous condition and that the homeowner knew or should have known about it. Since neighbors have mentioned previous issues with the tree, gather statements or evidence showing that the homeowner was aware of the tree's condition and failed to address it. This could potentially hold them liable for damages if the tree was indeed dead or posed a known hazard.
Consider reaching out to a legal professional for advice on both appealing the GAP decision and determining if you have a viable case against the homeowner. It may help to understand your rights under Illinois law better and what steps you can take to recover the remaining balance.
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