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Message
re: Neighbor's tree fell on my fence today
Posted on 4/27/15 at 9:57 pm to Jcorye1
Posted on 4/27/15 at 9:57 pm to Jcorye1
quote:
What would you guys say if the neighbors tree was dead? Then it's neglect is present, right?
You would need to put them on notice in writing before the storm that the tree was dead and created a hazard to your property. If they failed to take action in a reasonable amount of time you could file a claim on there homeowner's liability coverage if damage occurs as a result of the negligence.
2
Posted on 4/27/15 at 9:57 pm to Cmlsu5618
You'd have to prove it. Should it be blatantly obvious, your ins co may send something to the tree owners ins co looking to be reimbursed along with the deductible.
Again, if it's blatently obvious, tree owners co may actually pay.
Again, if it's blatently obvious, tree owners co may actually pay.
Posted on 4/27/15 at 9:59 pm to weadjust
I think sending it certified is the way to do it the right way, because of the delivery receipt.
Posted on 4/27/15 at 10:02 pm to KJason
In the state of Louisiana, you could file a claim against your insurance. In a windstorm event trees are not covered under a policy, if the tree falls on covered property (your fence) then the policy owes a reasonable amount to remove the tree from covered property (not the entire tree, just enough for the fence repair) and tree debris removal (most policies this limit is $500)
If the fence is a repair (less than a full run from end post to end post) then it is a repair and r/c is paid out. If the fence is a full run then the policy pays out depreciated amount (ACV) because the fence is not a building structure (roof and walls)
Your deductible then comes into play. You insurance company will subrogate against the neighbors insurance company. They will go against them for the tree removal only if the tree was healthy and go against them for the entire claim if the tree was dead.
If the fence is a repair (less than a full run from end post to end post) then it is a repair and r/c is paid out. If the fence is a full run then the policy pays out depreciated amount (ACV) because the fence is not a building structure (roof and walls)
Your deductible then comes into play. You insurance company will subrogate against the neighbors insurance company. They will go against them for the tree removal only if the tree was healthy and go against them for the entire claim if the tree was dead.
Posted on 4/27/15 at 10:04 pm to KJason
Leave it down and share yards.
Posted on 4/27/15 at 10:17 pm to KJason
Your house back up to Green Trails??
Posted on 4/27/15 at 10:49 pm to Passing Wind
You are responsible for anything that lands in your property or on it. Unless you sent a certified letter to your neighbor alerting them to a potential hazard and they ignored it, it's an Act of God and hopefully covered by your policy.
Posted on 4/27/15 at 11:44 pm to KJason
Your insurance but you can force him or his insurance to pay for tree removal.
My neighbor's insurer paid about $3500.00 to remove his tree from my house and yard.
My neighbor's insurer paid about $3500.00 to remove his tree from my house and yard.
This post was edited on 4/27/15 at 11:48 pm
Posted on 4/28/15 at 1:19 am to weadjust
quote:
You would need to put them on notice in writing before the storm that the tree was dead and created a hazard to your property. If they failed to take action in a reasonable amount of time you could file a claim on their homeowner's liability coverage if damage occurs as a result of the negligence.
This is actually the correct answer.
HERE is a kicker. If you call your insurance and start a claim, only for them to come out and tell you it isn't covered / doesn't meet your deductible, it counts AGAINST you as a claim and can make your rates go up. State Farm pulled this shite on me after a storm for some wind damage. I was beyond pissed.
Posted on 4/28/15 at 6:51 am to jbgleason
quote:
HERE is a kicker. If you call your insurance and start a claim, only for them to come out and tell you it isn't covered / doesn't meet your deductible, it counts AGAINST you as a claim and can make your rates go up. State Farm pulled this shite on me after a storm for some wind damage. I was beyond pissed.
You expect them to waste their time and money to send someone out and not have repercussions? Okay.
Posted on 4/28/15 at 6:52 am to Weaver
quote:
Neighbor should fix it.
I agree with this. I don't know the correct legal answer but from just being a decent person...why would YOU not pay to fix what YOUR tree did damage to someone else's property? Why do YOU think that THEY should have to pay because YOU didn't want to remove the potential hazard?
I don't care what the correct legal answer is. I would either fix the fence myself or pay to have it fixed if my tree damaged someone else's property.
Damn people.
This post was edited on 4/28/15 at 7:26 am
Posted on 4/28/15 at 6:57 am to KJason
Be neighborly and split it.
Posted on 4/28/15 at 6:58 am to KJason
You call your insurance. If it is your neighbors tree they will subrogate against him.
File the claim as normal. But doubt it reaches your deductible as they will only cover replacement of the fence and not tree removal unless it is actually on the covered dwelling
File the claim as normal. But doubt it reaches your deductible as they will only cover replacement of the fence and not tree removal unless it is actually on the covered dwelling
Posted on 4/28/15 at 7:03 am to Crusty
That's easy to say when it's a fence. What if your tree or trees falls on a neighbors house knocking half of it in?
You'll be glad they have insurance.
You'll be glad they have insurance.
Posted on 4/28/15 at 7:07 am to Crusty
quote:
I agree with this. I don't know the correct legal answer but from just being a decent person...why would YOU not pay to fix what YOUR tree did to someone else's property? Why do YOU think that THEY should have to pay because YOU didn't want to remove the potential hazard?
I don't care what the correct legal answer is. I would either fix the fence myself or pay to have it fixed if my tree damaged someone else's property.
Damn people.
If the tree was at no risk of falling then why would you pay? If you knew the tree was rotted and dead then yes pay for it. The reason you have insurance is for when shite happens to your dwelling.
Posted on 4/28/15 at 7:12 am to CorkSoaker
"You are. Sorry. It's called bad luck".
This.
Posted on 4/28/15 at 7:26 am to CorkSoaker
was the tree dead or alive? Dead tree his problem live tree your problem.
Posted on 4/28/15 at 7:32 am to bobaftt1212
He has to be made aware it's dead in writing for it to matter
Posted on 4/28/15 at 7:38 am to yellowfin
My guess is a lot of you really don’t know your neighbors. I’m not trying to preach here, but I just couldn’t do that to a friend/neighbor. I wouldn’t try and hide behind the letter of the law and tell my neighbor to go fack himself because my tree was healthy (as far as we knew). I just couldn’t see me saying “hey Bill, sorry MY tree took out YOUR fence last week. I saw you and the mrs. out there fixing it when we were floating in our pool. Could I borrow your weedeater again?”
Different strokes for different folks.
Different strokes for different folks.
Posted on 4/28/15 at 8:02 am to Crusty
Would you buy your neighbor a new house if your tree destroyed it?
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