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Neighbors tree fell into my yard and hit my house

Posted on 9/6/21 at 8:31 pm
Posted by Dandanthegreatest
Metry
Member since Oct 2016
94 posts
Posted on 9/6/21 at 8:31 pm
During the storm, my neighbors tree fell into my yard and hit my house. A branch from the tree, punctured the roof through the plywood and into the attic. My insurance deductible would not be met with the damage that was incurred. The owner of the house next door does not occupy the house. The house is his owned by him and his sister. Nobody has occupied the house since Katrina and the back yard is always a wreck. What is my best option to not having to shell out for the repairs and having his insurance fork out the money?
Posted by JAMAC2001
Member since Jan 2013
2762 posts
Posted on 9/6/21 at 8:51 pm to
Unfortunately, its up to you/your insurance in this situation.

Unless you can prove that the tree was rotting and the owner was negligent.
This post was edited on 9/6/21 at 8:52 pm
Posted by zephry801
Member since Dec 2017
434 posts
Posted on 9/6/21 at 9:01 pm to
If you have documented proof of the tree posing a hazard to your house, you MIGHT have a case. If not, then go ahead and take this weekend to fix it yourself.
Posted by armsdealer
Member since Feb 2016
11494 posts
Posted on 9/6/21 at 9:52 pm to
You have to prove more than the tree was a hazard. You have to prove that the tree was a hazard AND the owner KNEW it was a hazard AND that the owner neglected to remedy the hazard.

That is not happening.

It was like $200 to fix a hole in our roof from the ice storm, we had extra shingles and a roll of paper, the dude came on the side, cut out the hole, patched it and put the new shingles on.
Posted by AndyCBR
Baton Rouge, LA
Member since Nov 2012
7541 posts
Posted on 9/6/21 at 10:07 pm to
Unless you have evidence (a certified letter, or a recording of a phone call) you notified them of the hazard and they refused to fix it, it is an act of God and falls under your homeowners insurance.

All it takes is one letter so send it and keep it in your files for next time if the property is going to be kept in a state of disrepair.
Posted by Thecoz
Member since Dec 2018
2513 posts
Posted on 9/6/21 at 11:39 pm to
Did exactly what op said about a letter and photos sent to my neighbor since he ignored my numerous request to take a dead tree down….that had a strong lean toward my house…

After he got the letter the tree quickly came down….

He was a lawyer…

Had a high tree from my neighbor across the street come down and take out my front lamp and landscaping….new lamp was over 1k and fixed my landscaping myself got a few hundred…

He threw me 500 bucks and said sorry …that was nice of him…he did not have to

Posted by sledgehammer
SWLA
Member since Oct 2020
3322 posts
Posted on 9/7/21 at 6:38 am to
Same exact thing happened to me after Laura and I had to pay. Neighbor wouldn’t even pay me 3,100 to cover my deductible. The sucky part was that I had told him before to cut the tree down because it was an old, rotten, and dying water oak with hollow spots throughout. Insurance didn’t care because I didn’t have proof.

Since Laura, there’s another of his rotten water oaks that could fall on my house. I’ve taken pictures and saved text messages of me asking the guy to take the tree down. I’ve even sent all the texts and pictures to my homeowners insurance just in case it falls on its own.
This post was edited on 9/7/21 at 6:43 am
Posted by tigerwith3
Mandeville
Member since Dec 2011
1384 posts
Posted on 9/7/21 at 8:11 am to
quote:

Since Laura, there’s another of his rotten water oaks that could fall on my house. I’ve taken pictures and saved text messages of me asking the guy to take the tree down. I’ve even sent all the texts and pictures to my homeowners insurance just in case it falls on its own.

I’d take one more step and send a certified letter. You can never have too much proof.
Posted by Chad504boy
4 posts
Member since Feb 2005
166133 posts
Posted on 9/7/21 at 10:47 am to
quote:


I’d take one more step and send a certified letter. You can never have too much proof.


written proof is necessary. Certified letter is exactly what needs to be done. It at least lets them know you are serious.
Posted by MikeBRLA
Baton Rouge
Member since Jun 2005
16448 posts
Posted on 9/7/21 at 11:17 am to
quote:

written proof is necessary. Certified letter is exactly what needs to be done. It at least lets them know you are serious.


This is the correct way to handle this…it’s too late to do anything after the tree has fallen and damaged your property. It’s an act of God at that point.
Posted by sledgehammer
SWLA
Member since Oct 2020
3322 posts
Posted on 9/7/21 at 11:28 am to
How do you go about getting and sending a certified letter?
Posted by LSUengr
Baton Rouge
Member since Sep 2005
2327 posts
Posted on 9/7/21 at 11:42 am to
quote:

How do you go about getting and sending a certified letter?


Write the letter to the neighbor and copy your insurance company. Send the letter via certified mail via the post office with a return receipt. The return receipt is proof that the neighbor received the letter.
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