Motorists urged to include ‘acts of god’ clause for parked vehicles


Nature’s fury: Ong (right) inspecting the deep dent on the bonnet of a car damaged when a tree fell on it during a storm in Penang. — Photo courtesy of Ong

GEORGE TOWN: Should a tree fall on your car in this stormy inter-monsoon period, claiming compensation from your insurance company or the local authority could be a big hurdle.

Interviews with insurance agents, workshop operators and a victim showed that claims would very much depend on the circumstances.

Insurance agent Edward De Souza, 67, advised vehicle owners to get “special perils” coverage against natural disasters.

He said if a vehicle was parked and a tree fell on it, the owner could not claim damages without that add-on.

But if the vehicle was moving, he said it could be treated as an accident even without special perils coverage.

“In a basic plan, natural disasters aren’t covered, especially for parked vehicles. The special perils add-on, which includes falling trees, floods, storms and landslides, typically costs between 0.15% and 0.5% of the sum insured.

“Claims are processed like any other and take between two and three weeks. There is an option to seek compensation from local councils, but it’s a long process with a slim chance and often minimal payouts,” he said.

Towing and workshop operator Chan Kok Hoe, 47, said such accidents could not be completely avoided during stormy days.

“Most cases involve branches damaging vehicle roofs or windscreens. These can be claimed if the vehicle was being driven when it happened,” he said, adding that insurance coverage hinged on whether the vehicle was moving or parked.

“If it’s moving, it is treated as an accident. If parked, it is considered an act of God.”

Chan said vehicle owners often suffered losses.

“Crane costs to remove trees are usually claimable. But for cash repairs or total losses, the owner bears the cost, especially with outstanding loans,” he said.

He advised motorists to prioritise safety.

“If the vehicle was moving when hit, take photos or videos showing it was on the road, not parked. It helps with the claim.

“For those living or parking near old trees, it is wise to add natural disaster coverage,” he said.

Yesterday morning, a car parked along Jalan Tan Sri Teh Ewe Lim was severely damaged after a tree was uprooted in the rain.

Batu Lanchang assemblyman Ong Ah Teong said the Penang Island City Council (MBPP) would likely compensate the victim.

“I advised the victim to lodge a police report and keep photos of the scene. Once the car is repaired, the bill can be sent to MBPP’s Legal Affairs Department.

“The council has public liability insurance for such cases, and compensation will be assessed,” he said.

For events planner Allyson Ooi, 43, whose MPV was hit by a tree in May last year, the outcome was different.

She was driving with her seven-year-old son when a tree fell on her vehicle in a storm.

“I braked in time, so most of the damage was at the front.

“But my insurance did not cover natural disasters, and MBPP rejected my claim. They replied six months later, saying my car was moving and the incident was an act of God. Two appeals were also denied,” she said.

MBPP mayor Datuk A. Rajendran said regular inspection and maintenance of roadside trees were carried out to ensure safety.

He said qualified landscape officers or arborists assessed tree health, stability and hazards such as dead or overhanging branches.

“Trees are categorised by risk levels. After storms, our team checks for leaning trees or hanging branches,” he said.

The mayor said compensation might be considered if an incident was due to council negligence or inaction, but not for natural disasters or extreme weather.

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