Auto Insurance And Boulders: What's Covered When Rocks Fall

Whether auto insurance covers damage from falling boulders depends on the type of insurance coverage you have. Comprehensive insurance covers damage from falling objects, while collision insurance covers damage from colliding with an object on the road. If you have comprehensive coverage, you will only need to pay the deductible, and your insurer will cover the rest up to your limits. However, if the damages exceed these limits, you will have to pay out of pocket for the remaining amount.

Comprehensive insurance covers falling boulders

If you're worried about falling boulders, you may be wondering if your auto insurance covers such incidents. The answer is yes—comprehensive insurance covers falling boulders.

Comprehensive insurance is designed to protect your vehicle from damage caused by flying objects, such as falling boulders. This type of coverage is essential if you live in an area prone to rockslides or other geological events that could result in boulders falling onto your car.

It's important to note that comprehensive insurance is typically optional, and you may need to purchase it separately from your standard auto insurance policy. However, having this coverage can provide valuable peace of mind and financial protection if your vehicle is damaged by a falling boulder.

In the event of a falling boulder incident, be sure to document the damage with photos and contact your insurance company as soon as possible to initiate the claims process. They will guide you through the steps to repair your vehicle and get back on the road safely.

Additionally, comprehensive insurance also covers a range of other scenarios beyond falling boulders. For example, it typically includes protection against fire, theft, vandalism, and weather-related damage, such as hail or flooding. So, while you may be focused on the potential risk of falling boulders, comprehensive insurance provides a broader safety net for various unforeseen events.

Collision insurance covers road debris

If you're unfortunate enough to hit a boulder in the road, you'll be glad to know that car insurance covers damage caused by road debris—but only if you have the right coverage. Collision and comprehensive car insurance policies cover incidents with road debris. Collision coverage pays for repairs if you accidentally run into or over an object on the road. Comprehensive coverage, on the other hand, comes into play if the object flies through the air and hits your car.

Collision insurance usually covers accidents with other cars. However, it will also cover road debris, even if the incident did not involve another vehicle. When your car comes into contact with road debris, it is considered a collision for insurance purposes. For example, if you hit a boulder in the middle of the road, it's a collision insurance claim because you collided with the object.

Comprehensive insurance is sometimes called "other-than-collision" insurance. It typically covers non-accident incidents, such as theft, vandalism, flooding, and accidents with animals. However, comprehensive insurance may also cover debris damage, depending on the source of the debris. For example, if a boulder fell on your hood, most insurers would classify the incident as a comprehensive insurance claim.

If you have a full coverage insurance policy, your collision and/or comprehensive insurance will pay for the repairs. If you only have a minimum coverage policy with liability-only insurance, your policy will not provide any coverage for debris damage. In this case, you would have to pay for any repairs out-of-pocket.

It's important to note that hitting road debris is generally considered an at-fault accident, as objects in the road are usually thought to be avoidable. As a result, your insurance premium may increase after a debris damage claim. Therefore, if the damage is minor, you may want to consider paying for repairs yourself rather than filing a claim.

Liability insurance doesn't cover falling boulders

Liability insurance does not cover falling boulders. This type of natural disaster is considered an “earth movement” event and is therefore excluded from standard insurance policies. In the case of Sullivan v. Nationwide Affinity Ins. Co. of Am., the insurer denied coverage for damage caused by falling boulders under the "earth movement exclusion" clause in their policy. The exclusion stated that the insurer did "not insure for loss caused directly or indirectly by... Earth Movement," which included landslides, earth sinking, rising, or shifting.

The definition of "earth movement" is critical in determining whether damage from falling boulders is covered by insurance. In the Sullivan case, the court surveyed case law and dictionary definitions to conclude that a rockfall or boulder fall is indeed a type of landslide and thus excluded from coverage. This interpretation aligns with the understanding that "earth" refers not only to soil but also to rocks and geological features.

It is important to note that insurance policies and legal interpretations may vary across different states and countries. While the Colorado Supreme Court and other jurisdictions have upheld the exclusion of rockfalls under "earth movement," there may be other cases or policies that interpret this clause differently. However, in general, homeowners insurance does not typically cover damage caused by natural disasters like earthquakes, landslides, or boulder falls.

To protect against financial losses due to falling boulders, individuals may need to purchase additional coverage specifically for natural disasters or geological events. This type of insurance is designed to provide protection against the unique risks associated with geological hazards, including damage to property and possessions. It is always advisable to carefully review your insurance policy, understand its exclusions and limitations, and seek clarification from your insurance provider if needed.

Additionally, it is worth noting that auto insurance may cover damage caused by falling boulders if the appropriate coverage is in place. Collision and comprehensive car insurance policies typically cover incidents involving road debris, including objects falling onto vehicles. However, standard liability insurance for vehicles may not be sufficient, and additional coverage may be necessary to ensure protection against this specific risk.

Proving negligence is difficult

Proving negligence is a challenging task that requires a comprehensive understanding of the incident and the ability to provide substantial evidence. Here are some key reasons why proving negligence can be difficult:

• Duty of Care: Establishing a breach of the duty of care is often complex. It requires proving that the defendant had a legal obligation to act with reasonable care towards the plaintiff and failed to do so. This can be challenging, especially in situations where the relationship between the plaintiff and defendant is not obvious.
• Causation: Demonstrating a direct link between the defendant's actions or inaction and the plaintiff's injury can be difficult. It may require extensive evidence and expert testimony to prove that the defendant's negligence was the proximate cause of the harm suffered by the plaintiff.
• Comparative Negligence: In many cases, determining fault can be complicated. The concept of comparative negligence acknowledges that both parties may share some level of responsibility for an accident. Proving sole negligence can be challenging when multiple factors and individuals are involved.
• Evidence Collection: Gathering sufficient evidence to support a negligence claim can be difficult. It may include obtaining police reports, witness statements, medical records, vehicle damage reports, and other relevant documentation. Without a comprehensive collection of evidence, proving negligence may be challenging.
• Expert Testimony: In some cases, expert witnesses may be required to establish the standard of care, prove a breach of duty, or demonstrate causation. Retaining qualified experts and presenting their testimony effectively can be a complex and costly process.
• Insurance Company Challenges: Insurance companies often have experienced adjusters and legal teams whose goal is to minimize payouts. Navigating the insurance claim process and negotiating with insurance companies can be challenging for individuals who are not familiar with the system.

While proving negligence may be difficult, it is not impossible. Seeking legal assistance from experienced professionals can help individuals navigate the complexities of negligence claims and improve their chances of success.

Comprehensive insurance covers unpredictable events

Comprehensive car insurance covers damage to cars from falling objects, such as trees, limbs, and light poles. It is important to note that comprehensive insurance only covers events that are beyond the driver's control. If a tree belongs to the insured person and falls on their car, they would be responsible for the damage. However, if the tree belonged to a neighbour or the city, the insured person would need to prove negligence to hold them responsible for the damage.

In the case of falling boulders, it is important to distinguish between damage to a home and damage to a vehicle. While comprehensive car insurance would typically cover damage caused by falling boulders to a vehicle, home insurance policies may vary. In the case of the Camacho family, their insurance company did not cover the damage caused by the falling boulder, as it was considered an "earth movement" event.

To ensure coverage for unpredictable events, it is important to carefully review your insurance policy. Comprehensive insurance provides peace of mind and financial protection in the event of unexpected incidents, such as falling boulders or trees. By understanding the coverage provided by comprehensive insurance, individuals can better protect themselves and their property from unforeseen circumstances.

Additionally, it is worth noting that collision coverage, which is a separate type of insurance, covers incidents where a vehicle collides with an object on the road, such as a fallen tree or boulder. This type of insurance is also important to consider for protection against unpredictable events that can cause damage to your vehicle.

Frequently asked questions