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re: Advice: tree fell on car

Posted on 6/18/17 at 5:45 pm to
Posted by Rossberg02
Member since Jun 2016
2591 posts
Posted on 6/18/17 at 5:45 pm to
No wife, the guy just moved to get away from NO so he could raise his son.
Posted by Rossberg02
Member since Jun 2016
2591 posts
Posted on 6/18/17 at 5:46 pm to
The third post mentioned rotten tree possibility. I'm just bouncing information. Calm down psycho.
Posted by Geauxtiga
No man's land
Member since Jan 2008
34377 posts
Posted on 6/18/17 at 5:48 pm to
quote:

The third post mentioned rotten tree possibility. I'm just bouncing information. Calm down psycho.
Yes, and the ninth one said certified letter- you have one? No. End of story. You even said the guy did not know (notice). Pay that deductible baw.
This post was edited on 6/18/17 at 5:49 pm
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 6/18/17 at 5:51 pm to
There's already been a claim on record with this tree. This isn't a new problem that requires a certified letter.

While correct that the OP will likely end up with a comp auto claim, this isn't a normal "tree limb" case.
This post was edited on 6/18/17 at 5:53 pm
Posted by Geauxtiga
No man's land
Member since Jan 2008
34377 posts
Posted on 6/18/17 at 5:52 pm to
Different owner though. This guy just moved in.
Posted by Rossberg02
Member since Jun 2016
2591 posts
Posted on 6/18/17 at 5:52 pm to
quote:

There's already been a claim on record with this tree. This isn't a new problem that requires a certified letter.


Thank you for the constructive information.
Posted by Yewkindewit
Near Birmingham, Alabama
Member since Apr 2012
20080 posts
Posted on 6/18/17 at 5:53 pm to
If it is on your car in your yard it is on you if the same deal applies as Alabama here. They are responsible for whatever is on their property and you on yours.
Posted by Geauxtiga
No man's land
Member since Jan 2008
34377 posts
Posted on 6/18/17 at 5:53 pm to
quote:

Thank you for the constructive information.
I tried man, but I'm no attorney.
Posted by Rossberg02
Member since Jun 2016
2591 posts
Posted on 6/18/17 at 5:57 pm to
But if the previous insurance took the hit bc the tree was rotten, why wouldn't the new company?

And by no way am I blaming this guy.
Posted by Geauxtiga
No man's land
Member since Jan 2008
34377 posts
Posted on 6/18/17 at 5:59 pm to
quote:

But if the previous insurance took the hit bc the tree was rotten, why wouldn't the new company?
Dam good question. I honestly didn't know what the answer would be when you first posed the question. Kinda why I was interested and following.
This post was edited on 6/18/17 at 6:00 pm
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
65854 posts
Posted on 6/18/17 at 6:04 pm to
1. Shoot the tree repeatedly until the cops show up.
2. Claim self-defense.
3. Profit.
Posted by Hangit
The Green Swamp
Member since Aug 2014
39197 posts
Posted on 6/18/17 at 6:08 pm to
quote:

But if the previous insurance took the hit bc the tree was rotten,


This puts the onus on the previous owner to have a dangerous situation removed. If he didn't do it, knew of the defect, and did not disclose it to the new owner, he may be going to battle with an insurance company.

How long ago did the new owner buy?
Posted by Rossberg02
Member since Jun 2016
2591 posts
Posted on 6/18/17 at 6:09 pm to
2 weeks ago and it was fsbo.
Posted by okietiger
Chelsea F.C. Fan
Member since Oct 2005
40980 posts
Posted on 6/18/17 at 6:13 pm to
Posted by Cowboyfan89
Member since Sep 2015
12720 posts
Posted on 6/18/17 at 10:49 pm to
Was it a ficus?

Cause I mean unless it was a ficus, cut-rate insurance may not cover it...
Posted by jcaz
Laffy
Member since Aug 2014
15691 posts
Posted on 6/18/17 at 10:53 pm to
Just went thru this in December.
Comp claim on your insurance.

You can't legally get anything from your neighbor unless there is documented proof that he knew or was notified about a rotten tree.

If he is a nice guy he will pay for your deductible.
If not, egg his house.
Posted by BPTiger
Atlanta
Member since Oct 2011
5315 posts
Posted on 6/18/17 at 10:55 pm to
C'mon.. who downvotes this?
Posted by Hangit
The Green Swamp
Member since Aug 2014
39197 posts
Posted on 6/19/17 at 7:33 am to
quote:

2 weeks ago and it was fsbo.


The previous owner may take the hit on this. I am neither a lawyer or Real Estate guy but have seen people hit for hidden, or undisclosed defects.

It will be interesting to hear what your insurance company tells you. They deal with some variation of this every day.
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