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Started By
Message
My neighbor's insurance is asking me for money
Posted on 2/10/17 at 3:08 am
Posted on 2/10/17 at 3:08 am
First off, I do live in BR area. During the heavy storm with lots of downed trees last May a large branch fell off of my tree and hit my neighbors house. As is the case with La law, their insurance paid the damages. The insurance company is now trying to claim neglect and asking me to pay for everything. It was a healthy tree and I am willing to fight them on it if necessary.
At this point they have only sent two regular letters (that looked like junk mail). I have not responded, they don't even know that I got the letters. So the question is should I ignore them until they send something certified or attempt to sue me? Can they do anything without taking me to court, like hit my credit?
I am thinking they are just fishing to see if I will acknowledge fault or pay them.
At this point they have only sent two regular letters (that looked like junk mail). I have not responded, they don't even know that I got the letters. So the question is should I ignore them until they send something certified or attempt to sue me? Can they do anything without taking me to court, like hit my credit?
I am thinking they are just fishing to see if I will acknowledge fault or pay them.
This post was edited on 2/10/17 at 6:02 am
10
Posted on 2/10/17 at 5:03 am to eelsuee
Can't hit your credit. You didn't sign anything saying you take responsibility for any debt. Now maybe they could report it to your credit but you just have to call and have it removed by the credit agencies and then report them to the BBB and whatever else applies.
Personally I'm not doing shite if I feel I'm 100% not responsible until I get delivered a certified letter.
If it was a healthy tree then there is no possible proof you're responsible. Just ignore them.
You talk to your neighbor about this? Just curious.
Personally I'm not doing shite if I feel I'm 100% not responsible until I get delivered a certified letter.
If it was a healthy tree then there is no possible proof you're responsible. Just ignore them.
You talk to your neighbor about this? Just curious.
Posted on 2/10/17 at 5:57 am to BeerMoney
Thanks for the response. I do occasionally talk to my neighbor but this hasn't come up. I am not planning on bringing it up for two reasons, one is I highly doubt the insurance company would tell them they are planning on pursuing me. The other is I want to be sure they have no proof I have been contacted in case it goes to court, especially if the 365 day statute of limitations applies.
Posted on 2/10/17 at 6:56 am to eelsuee
Don't listen to the "don't do shite" comments. Nothing ever comes from that.
The honest answer is to call your insurance carrier and tell them what's happening. Because ultimately they would pay on your behalf. Since they have the checkbook and owe you legal defense, they will look into it and tell the other carrier to pound sand.
ETA. Seriously, this is a tiny little nothing non issue and it can only turn bad.
The honest answer is to call your insurance carrier and tell them what's happening. Because ultimately they would pay on your behalf. Since they have the checkbook and owe you legal defense, they will look into it and tell the other carrier to pound sand.
ETA. Seriously, this is a tiny little nothing non issue and it can only turn bad.
This post was edited on 2/10/17 at 7:00 am
Posted on 2/10/17 at 7:08 am to eelsuee
Not saying your responsible or not. But in Middle Tennessee if your tree falls and damages your neighbor property. Your responsible for it. They usually file it on your home insurance though. Not sure why their insurance paid and now coming for you for reimbursement.
Posted on 2/10/17 at 7:51 am to bamabkj
quote:Louisiana law is different.
But in Middle Tennessee if your tree falls and damages your neighbor property. Your responsible for it.
Posted on 2/10/17 at 8:01 am to LSURussian
Mr. Perfect nails it:
The honest answer is to call your insurance carrier and tell them what's happening. Because ultimately they would pay on your behalf. Since they have the checkbook and owe you legal defense, they will look into it and tell the other carrier to pound sand.
The honest answer is to call your insurance carrier and tell them what's happening. Because ultimately they would pay on your behalf. Since they have the checkbook and owe you legal defense, they will look into it and tell the other carrier to pound sand.
Posted on 2/10/17 at 8:46 am to eelsuee
In Louisiana, you are responsible for the removal of the tree/ branch if it fell from your property. If the branch was rotten your could be responsible for all the damage. Contact your insurance and let them handle it.
Posted on 2/10/17 at 8:53 am to eelsuee
quote:
I am thinking they are just fishing to see if I will acknowledge fault or pay them.
They are not just fishing. They think you are responsible. I don't know LA law, but in most states if the damage was caused by a storm, it is considered an Act of God and you are not responsible. Contact your agent to see how to proceed.
Posted on 2/10/17 at 11:35 am to The Spleen
quote:
They think you are responsible. I don't know LA law, but in most states if the damage was caused by a storm, it is considered an Act of God and you are not responsible.
He is only responsible if he acted neglectfully in not trimming or removing a needed tree.
Posted on 2/10/17 at 4:29 pm to Mr.Perfect
Once I hand it over to my insurance company I might have to pay my deductible. If I need to do that I will but is there any harm in ignoring them until they force me to act?
At most they can come after me for the cost of the removal but this is not common. If they don't send me anything official before day 365, it will be too late to sue. It becomes a question of if they are willing subpoena me just to find out if I even have insurance for around $2000. If I make it easy on them and give them my insurance company, they will probably give them $2000 then charge me my $1500 deductible.
At most they can come after me for the cost of the removal but this is not common. If they don't send me anything official before day 365, it will be too late to sue. It becomes a question of if they are willing subpoena me just to find out if I even have insurance for around $2000. If I make it easy on them and give them my insurance company, they will probably give them $2000 then charge me my $1500 deductible.
This post was edited on 2/10/17 at 4:32 pm
Posted on 2/10/17 at 5:59 pm to eelsuee
You've been given guidance on how to properly handle the issue. Seems like you have already made up your mind.
Posted on 2/10/17 at 6:31 pm to iknowmorethanyou
quote:I appreciate the responses except yours. I am having to weigh my options as ultimately I am the one to deal with the consequences. I am leaning towards ignoring them until they force me to hand it off to my insurance. If anyone has a reason why that is a bad idea, I would be happy to hear it.
iknowmorethanyou
Mr Perfect recommended letting my insurance know, and I probably will. Is there any advantage in doing that ASAP?
I am not discounting anyone's opinion and appreciate them taking time to give it to me.
This post was edited on 2/10/17 at 6:36 pm
Posted on 2/10/17 at 7:04 pm to eelsuee
quote:
Once I hand it over to my insurance company I might have to pay my deductible.
Nope, deductible would only apply to damages to your house
Posted on 2/10/17 at 7:17 pm to Tigerpaw123
quote:Thanks, that was my main reason for not wanting to involve them.
Nope, deductible would only apply to damages to your house
Posted on 2/10/17 at 7:42 pm to eelsuee
Don't ignore it. Be proactive and a good neighbor.
Let the two insurance companies work things out. That's what you pay them for.
Let the two insurance companies work things out. That's what you pay them for.
Posted on 2/10/17 at 8:25 pm to eelsuee
Deductible for what? Based on what you said you have no liability. If nothing is paid, nothing would be owed.
The potential harm is that your insurance policy has a provision that says you will notify your carrier in the event of a potential claim once you are made aware. You are running the risk that "if" you are liable you are letting the claim value grow because you are damaging their ability to intervene. You could be hurting yourself personally because your carrier might turn the "pound sand" statement against you.
You have a potential claim and you are clearly aware of it.
If the tree was healthy just report the damn claim. You can only hurt yourself moving forward.
ETA: read your policy. That's all I can say.
The potential harm is that your insurance policy has a provision that says you will notify your carrier in the event of a potential claim once you are made aware. You are running the risk that "if" you are liable you are letting the claim value grow because you are damaging their ability to intervene. You could be hurting yourself personally because your carrier might turn the "pound sand" statement against you.
You have a potential claim and you are clearly aware of it.
If the tree was healthy just report the damn claim. You can only hurt yourself moving forward.
ETA: read your policy. That's all I can say.
This post was edited on 2/10/17 at 8:30 pm
Posted on 2/11/17 at 4:56 am to Mr.Perfect
Let me throw this in. If the branch was hanging across the property line, then that said branch belongs to the neighbor. They have full rights to trim that branch back to the property line per the law in Louisiana. So, it was his/her branch that crashed into their house, not the OP's. 
But yes, the OP needs to contact his insurance company and let them deal with it.
But yes, the OP needs to contact his insurance company and let them deal with it.
Posted on 2/11/17 at 5:17 am to eelsuee
quote:
First off, I do live in BR area. During the heavy storm with lots of downed trees last May a large branch fell off of my tree and hit my neighbors house. As is the case with La law, their insurance paid the damages. The insurance company is now trying to claim neglect and asking me to pay for everything. It was a healthy tree and I am willing to fight them on it if necessary. At this point they have only sent two regular letters (that looked like junk mail). I have not responded, they don't even know that I got the letters. So the question is should I ignore them until they send something certified or attempt to sue me? Can they do anything without taking me to court, like hit my credit? I am thinking they are just fishing to see if I will acknowledge fault or pay them.
I would contact my insurance company to contact other insurance company to notify them moving forward they represent my interest. Any further contact will be deemed harassment. If you feel you are not at fault issue a statement in writing to your insurance company. If your neighbor brings it up, tell him same.
Posted on 2/11/17 at 8:44 pm to eelsuee
1. Contact your insurance company
2. Contact your attorney - issue a C&D - if the contact you again, hammer their arse
2. Contact your attorney - issue a C&D - if the contact you again, hammer their arse
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