huge tree on my house
- Thread starter coopntex
- Start date
Reborn_Horn
100+ Posts
can neighbor's insurance not cover this? Same situation happened to my home when my parents lived here back in late 80's. Neighbor's insurance covered costs...wasn't pretty argument but neighbor was liable.
NCAAFBALLROX
1,000+ Posts
Neighbor's insurance should pay for this as it originated from their property.
If a fence is knocked down by a tree, you would have to establish who owns the fence; not so on the house.
(we're hoping you are safe & wanna see pics).
If a fence is knocked down by a tree, you would have to establish who owns the fence; not so on the house.
(we're hoping you are safe & wanna see pics).
Ditto, I am more about your safety but you did not say otherwise so I assume you are okay as is your family (other than the shock of what happened). It is indeed your neighbors responsibility to pay for this if it originated on his property.
The grey area is if it was just a limb that extended off a tree that originated in his property. It would be your responsibility to control what was in your yard air space. So if a limb fell like that your company would pay. But you can also prune it how you want to for prevention.
Hopefully you have a good neighbor who feels bad about this and works diligently to light a fire under his insurance companies ***. No doubt that company will be stretched thin with tons of claims and investigations pending. But yours is pretty cut and dry.
Keep us posted and as NCAA said, please post pics also of the progress and end result. Don't let the insurance company force a roofer on you either. You have to be satisfied with their choice.
The grey area is if it was just a limb that extended off a tree that originated in his property. It would be your responsibility to control what was in your yard air space. So if a limb fell like that your company would pay. But you can also prune it how you want to for prevention.
Hopefully you have a good neighbor who feels bad about this and works diligently to light a fire under his insurance companies ***. No doubt that company will be stretched thin with tons of claims and investigations pending. But yours is pretty cut and dry.
Keep us posted and as NCAA said, please post pics also of the progress and end result. Don't let the insurance company force a roofer on you either. You have to be satisfied with their choice.
AustinTejasFan
1,000+ Posts
"Neighbor's insurance should pay for this as it originated from their property."
Wrong.
"Hopefully you have a good neighbor who feels bad about this and works diligently to light a fire under his insurance companies ***."
His insurance company will not pay a penny, no matter how much he begs.
You neighbor and his insurance company will only pay what he is obligated to pay. IE: what he caused/permitted to damage someone else's property through his negligence. How was the neighbor negligent?
File the claim with your homeowners company and get over it. Your policy will pay to remove the tree as well as paying for the damage to your home, less your deductible.
Wrong.
"Hopefully you have a good neighbor who feels bad about this and works diligently to light a fire under his insurance companies ***."
His insurance company will not pay a penny, no matter how much he begs.
You neighbor and his insurance company will only pay what he is obligated to pay. IE: what he caused/permitted to damage someone else's property through his negligence. How was the neighbor negligent?
File the claim with your homeowners company and get over it. Your policy will pay to remove the tree as well as paying for the damage to your home, less your deductible.
AustinTejasFan
1,000+ Posts
I occassionally hear of an insurer paying in this situation, but absent negligence on the part of the tree's owner, I can't imagine why they would. It's not the norm.
AustinTejasFan
1,000+ Posts
Hurricane Rita questions
10/10/2005
Q: Hurricane Rita caused my neighbor's giant oak tree to fall into my backyard. It knocked down a large section of my fence and smashed our swing set. Can I make my neighbor pay for the repairs to the fence and the replacement cost of the swing set?
A: If the oak tree had been healthy before the approach of Hurricane Rita, and instead it was the high winds associated with the storm that caused it to fall over and damage your property, then you cannot hold your neighbor liable.
However, if your neighbor's tree was decayed, diseased, dead or in an otherwise dangerous condition before Rita, then you can hold him liable for the damages. In that case, the tree would have posed an unreasonable risk of harm, and he would have had a duty to trim the branches or remove the tree altogether before the storm to prevent it from falling over.
Regardless, either your or your neighbor's homeowners insurance policy should cover the damages, less any deductible. The Link
10/10/2005
Q: Hurricane Rita caused my neighbor's giant oak tree to fall into my backyard. It knocked down a large section of my fence and smashed our swing set. Can I make my neighbor pay for the repairs to the fence and the replacement cost of the swing set?
A: If the oak tree had been healthy before the approach of Hurricane Rita, and instead it was the high winds associated with the storm that caused it to fall over and damage your property, then you cannot hold your neighbor liable.
However, if your neighbor's tree was decayed, diseased, dead or in an otherwise dangerous condition before Rita, then you can hold him liable for the damages. In that case, the tree would have posed an unreasonable risk of harm, and he would have had a duty to trim the branches or remove the tree altogether before the storm to prevent it from falling over.
Regardless, either your or your neighbor's homeowners insurance policy should cover the damages, less any deductible. The Link
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