Storm season is here. Who foots the bill when a tree limb lands on your car?

ST. LOUIS COUNTY, Mo. (First Alert 4) - The St. Louis area saw no shortage of toppled trees and limbs lost amid the chaotic start to the springtime storm season in mid-March.

As storm season settles in, some wonder: who’s responsible when a tree limb lands on your car and leaves costly damage?

Quinn Gay used to live at Whispering Hills Apartments in Creve Coeur. These days, her daughter, daughter’s husband and grandchild rent there, but during a recent visit on March 14th, what started as a rainy day ended in thousands of dollars in damage.

“The entire tree was on top of my husband’s car,” Gay said. “We used to see several power outages when I lived here because of tree limbs breaking, but nothing like this.”

The couple’s Lincoln was totaled by a massive limb. The next day, Gay says, property management had the tree cut down entirely, something she sees as an ission that it was dangerous to begin with.

“There’s a systemic issue of lack of ability in the maintenance of the trees here,” she said. “We definitely weren’t worried, we thought, ‘it’s their tree, they’ll do the right thing.‘”

Property management, however, didn’t do anything. Gay says The Michelson Organization, the company that owns and manages Whispering Hills, didn’t offer any compensation.

Now, Gay and her husband are stuck paying what insurance won’t cover and navigating today’s high car prices to find a replacement.

“Here we are, probably paying higher prices for a new car as well,” she said.

So, who’s actually responsible?

The answer, says Scott Mueller, an attorney at Capes Sokol, can typically be found in the lease and in the law.

“There’s usually a default setting, an ‘act of God’ clause, that will shift the risk from landlord to tenant depending on the situation,” Mueller explained.

But landlords aren’t automatically off the hook. If a landlord fails to maintain a property by ignoring clearly damaged or dangerous trees, they could be liable.

“With the weather we have in the Midwest, it’s not uncommon for trees to fall,” Mueller said. “That’s something that can typically be identified as a responsibility of the landlord.”

However, proving negligence can be tricky, especially if you haven’t documented your concerns.

Gay has a lease with a sister property owned by The Michelson Organization, which includes a clause many renters may overlook. It states the landlord isn’t responsible for damage unless it’s caused by gross negligence and after written notice has been provided and ignored for a “reasonable” amount of time.

Gay says she voiced concerns about other tree limbs during her time living at Whispering Hills but only over the phone.

“When we lived here we did make a couple calls about concerning limbs,” she said.

That lack of written documentation may weaken her case. And even if she pursued legal action, Mueller says it might not be worth the cost.

“Sometimes court fees and legal expenses can add up to more than what the damage is worth,” he said. “A calm, well-documented explanation to the landlord can sometimes go further.”

In Gay’s case, that approach hasn’t worked either. For now, she’s hoping property management will reconsider and offer some help.

First Alert 4 reached out to The Michelson Organization and has yet to hear back.

With more storms forecasted this week, renters should take action to avoid similar headaches. Here’s what legal experts recommend:

1. Document everything - take photos of overgrown or damaged trees near your unit. If you see potential hazards, make a record.
2. Send written notice - email your landlord or property manager to flag issues. Written documentation strengthens your case if something goes wrong.
3. Ask about a storm maintenance plan - find out if your property manager regularly inspects and maintains trees and other structures.
4. Review your lease - understand what responsibilities fall on you versus your landlord. Look for phrases like “gross negligence” or “act of God.”
5. Know your insurance coverage - renter’s insurance often doesn’t cover vehicle damage. Your auto policy may, but check for gaps.

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