Does HOA insurance cover damage to property?

  • by Turpy
  • Oct 10,2017
  • 9 answers

Over the weekend we had a drunk driver slam into the cement wall that surrounds our condos going 110mph. The cement wall shattered and sent large chunks of cement into out enclosed cargo trailer that was parked right next to the wall and completely totaled it. The driver was uninsured, and I am wondering if the HOA insurance should cover damage?
When it happened the HOA was working with us like it would cover it. Than randomly sent an email saying "nevermind" were not responsible for for property! The trailer is only covered on our Auto insurance when it is connected to our car. So since it was parked, they won t cover it. It s looking like we are out the $8,000 but wanted to see if the HOA insurance bis something worth pushing.


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Insurance Answers (9)

Evan H 4 days ago

The trailer is on your property and was damaged by the driver. The HOA is not negligent in this at all. It sucks the driver is uninsured, but the best you can do is take him to court

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Judy 6 days ago

no, your insurance on the trailer should.

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lucy 6 days ago

Put simply, in the beginning the HOA “implied” they might cover it, but at that point they had no clue what the HOA insurance covers or not, thus they sent the 2nd email saying never mind we were wrong.
So, the answer that David and Stephanie is correct and does a good job of explaining the reasons (why) the HOA insurance does not cover this.

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james 6 days ago

They may cover some. Years ago I had a drunk driver jump the ditch slam into my van & sove it 3 foot into the house. Unisured motorest paid for the van. After deductable. HMO paid for the house damage after deductable.

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Erik 7 days ago

I wouldn't worry about it, the whole thing sounds very unimportant

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Casey Y 7 days ago

HOA is 100% not responsible for the damages.
You could have purchased physical damage coverage for the trailer, along with liability while its not connected to a vehicle (kid climbs on it then falls off injured...it happens and you are liable).
There is no amount of pushing which will make them give you $8k when they aren't required to do so.

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A Hunch 7 days ago

The HOA would not pay for this.
It's your personal property.
You can check with your homeowner's insurance but unless you had a rider for it,it's probably not covered.

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Valleycat1 7 days ago

Consider that claims or a lawsuit against the HOA could result in an increase in your HOA fees that would add up to much more than the cost of your loss.

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David and Stephanie 7 days ago

Think about the whole issue in terms of "liability" - who owes what to who?
The driver caused the damage, and therefore is legally liable for costs of repairs to anything and everything that was damaged. So theoretically the driver should be writing 2 checks - one to the HOA for repairing the wall, and another to you for repairing or replacing the trailer.
The HOA did not cause damage to your trailer, and therefore isn't liable to you (meaning they don't owe you anything).
In normal situations the driver's liability insurance would step in and write those 2 checks because they have an insurance contract with the driver to pay claims like this on their behalf.
But in this case there is no car insurance to cover the driver's legal liability and the driver (presumably) doesn't have any money so suing them would be pointless. So you and the HOA are on your own.
In the case of the HOA - they bought insurance to cover them from loss caused by others. So their insurance company will pay them the money they should have received from the driver. The HOA's insurance company could sue the driver for repayment of the money, but probably won't bother because they will never get paid.
Your loss is separate from the HOA's loss. Your loss was caused by the driver, therefore the driver is liable. The HOA is not liable because they did not cause your loss. Since the HOA isn't liable for your loss, their insurance company doesn't owe you anything on their behalf.
If you have an insurance policy that covers property damage/loss caused by others, then you can file a claim. Normally that would be the "comprehensive" portion of an automotive policy. If you didn't have comprehensive coverage then you're not covered for loss caused by others while the vehicle (or in this case the trailer) is parked. Your homeowner insurance might cover it since it was on your property when the loss occurred, but that's a big maybe.

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