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re: Big limb from my tree hit neighbors carport - should I be paying for it?

Posted on 5/17/14 at 12:15 pm to
Posted by Spankum
Miss-sippi
Member since Jan 2007
55980 posts
Posted on 5/17/14 at 12:15 pm to
quote:

Louisiana now allows for subrogation of the tree/ tree branch removal regardless if the tree is dead or healthy...


interesting...seems to be a move away from the "no fault" line of thinking...
Posted by gorillacoco
Baton Rouge
Member since Oct 2009
5318 posts
Posted on 5/17/14 at 12:18 pm to
quote:

subrogation of the tree/ tree branch removal


What does this mean exactly?
Posted by DownshiftAndFloorIt
Here
Member since Jan 2011
66763 posts
Posted on 5/17/14 at 12:21 pm to
I don't understand the line of thinking. A tree fell on your carport. shite happens. Don't expect your neighbor to pay for it if you never talked about getting the tree cut because you were scared it was going to fall on your carport.
Posted by wickowick
Head of Island
Member since Dec 2006
45797 posts
Posted on 5/17/14 at 12:31 pm to
It means that if he files a claim then his insurance will go against your homeowners for the cost of the removal only, regardless if the tree/ tree branch was heathy or not. Your insurance will pay this out as a liability claim against your policy.
Posted by Pepperidge
Slidell
Member since Apr 2011
4311 posts
Posted on 5/17/14 at 12:41 pm to
so can he go next door and remove it himself to avoid his insurance from being charged?
Posted by wickowick
Head of Island
Member since Dec 2006
45797 posts
Posted on 5/17/14 at 12:52 pm to
Not sure...
Posted by VernonPLSUfan
Leesville, La.
Member since Sep 2007
15815 posts
Posted on 5/17/14 at 1:32 pm to
I say give him the wood for his fireplace. Even stevens/stephens, or whatever.
Posted by lsusteve1
Member since Dec 2004
41861 posts
Posted on 5/17/14 at 4:55 pm to
quote:

those of us that don't believe in God


Somebody wants attention
Posted by CoastieGM
Member since Aug 2012
3185 posts
Posted on 5/17/14 at 7:52 pm to
Assuming he's a good neighbor, I'd tell him:

"Hey Brah, technically, I'm not responsible for the damage at all. That's something covered by your homeowner's insurance and you should file a claim with them. That's why we have homeowner's insurance. However, I suspect you won't reach your deductible and I really don't want to totally piss off a good neighbor. How about we split the cost?"

Be sure to pose the proposal as a question.

If push came to shove and this truly is a good neighbor you value, I'd eventually pay the full amount. (wait at least a day or two after you make your initial proposal).
Posted by Fishhead
Elmendorf, TX
Member since Jan 2008
12170 posts
Posted on 5/17/14 at 11:06 pm to
Interestingly enough, I've never worked a single claim in LA lol. I'm in Ohio now. I don't know why I've become their Midwest bitch...spent the friggin winter in Michigan lol.
Posted by Bleeding purple
Athens, Texas
Member since Sep 2007
25315 posts
Posted on 5/17/14 at 11:24 pm to
quote:

Chances are the damage is less than his deductible. If you like him offer to split the difference with him...




Agree.


agree
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