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Neighbors tree falls and damaged your house

Posted on 10/11/20 at 5:04 pm
Posted by doya2
Charenton
Member since Jan 2005
7936 posts
Posted on 10/11/20 at 5:04 pm
Who pays for the damages?
Posted by Bucktail1
Member since Feb 2015
3201 posts
Posted on 10/11/20 at 5:04 pm to
Neighbor is responsible
Posted by fallguy_1978
Best States #50
Member since Feb 2018
49106 posts
Posted on 10/11/20 at 5:05 pm to
I think you do. Act of God.
Posted by jscrims
Lost
Member since May 2008
3566 posts
Posted on 10/11/20 at 5:05 pm to
You do. I work in insurance.


Not sure why the downvotes? I literally paid out someone for this the other day.
This post was edited on 10/11/20 at 5:08 pm
Posted by beerJeep
Louisiana
Member since Nov 2016
35301 posts
Posted on 10/11/20 at 5:05 pm to
I’m just here for the inevitable bad legal advice
Posted by jimbeam
University of LSU
Member since Oct 2011
75703 posts
Posted on 10/11/20 at 5:06 pm to
The tree does
Posted by Drone
Mandeville
Member since Oct 2012
143 posts
Posted on 10/11/20 at 5:06 pm to
You do
Posted by LSU0358
Member since Jan 2005
7920 posts
Posted on 10/11/20 at 5:07 pm to
If the tree was alive, you do. Your insurance might go after his if the tree was dead.
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 10/11/20 at 5:07 pm to
What’s his wife look like?
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
63539 posts
Posted on 10/11/20 at 5:08 pm to
What caused the tree to fall?
Posted by GeorgeTheGreek
Sparta, Greece
Member since Mar 2008
66562 posts
Posted on 10/11/20 at 5:08 pm to
If no one heard the tree fall, did it really ever fall at all?
Posted by AUriptide
Member since Aug 2009
7353 posts
Posted on 10/11/20 at 5:08 pm to
The whole neighborhood must split all cost...
Posted by BobABooey
Parts Unknown
Member since Oct 2004
14378 posts
Posted on 10/11/20 at 5:09 pm to
Who pays or who is legally responsible for paying?

If the neighbor is a decent human being, they at least chip in. But he’s probably being advised that chipping in is some admission of guilt.

Biden goes up in the polls, human decency goes out the window.
Posted by Splackavellie
Bayou
Member since Oct 2017
9922 posts
Posted on 10/11/20 at 5:09 pm to
Whoever has the higher percentage of tree in their property. You have to hire a surveyor to determine this. Don’t move the tree.
Posted by beerJeep
Louisiana
Member since Nov 2016
35301 posts
Posted on 10/11/20 at 5:09 pm to
quote:

You do. I work in insurance.


Not sure why the downvotes? I literally paid out someone for this the other day.



Because it isn’t always that cut and dry.

Signed: someone who had their neighbor pay for the damage their tree did to our house

at the downvotes
This post was edited on 10/11/20 at 5:25 pm
Posted by tigersbb
Member since Oct 2012
10443 posts
Posted on 10/11/20 at 5:11 pm to
quote:

Neighbors tree falls and damaged your house
Who pays for the damages?


If the tree was not obviously rotted and diseased and has leaves your neighbor is not liable for your loss.

Strict liability no longer applies in Louisiana and you must prove negligence.
Posted by wickowick
Head of Island
Member since Dec 2006
45848 posts
Posted on 10/11/20 at 5:11 pm to
File a claim on your insurance, there is a small chance, depending on the condition of the tree, that your insurance will subrogate against the neighbor's insurance for damages.

In the state of Louisiana, if the tree is healthy, the neighbor and their insurance might owe for the removal only. If you try to go through the neighbor's insurance, you will really draw out the claims process on your end.
Posted by patnuh
South LA
Member since Sep 2005
6767 posts
Posted on 10/11/20 at 5:12 pm to
Did anyone hear it fall?
Posted by When in Rome
Telegraph Road
Member since Jan 2011
35584 posts
Posted on 10/11/20 at 5:12 pm to
I don’t know who pays, but it’ll cost tree fiddy
Posted by dcrews
Houston, TX
Member since Feb 2011
30237 posts
Posted on 10/11/20 at 5:16 pm to
quote:

What’s his wife look like?


This is important.

I don't work in insurance, but I'm pretty sure this is in the fine print.
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