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re: My tree fell on my neighbors house

Posted on 5/1/16 at 9:23 pm to
Posted by East Coast Band
Member since Nov 2010
65789 posts
Posted on 5/1/16 at 9:23 pm to
Actually, it doesn't have to fall during a storm, etc. just has to be alive. Although, he could have a case if a tree limb fell on a nice sunny day. He could say the limb was dead. But since it came during a rough storm, you have no immediate responsibility to pay.
I had something along these lines happen when a tornado came down our street a tree in my yard crushed my neighbor's brick mailbox. But since there was a lot more destruction going on to our houses and everyone else on the street, it was sort of forgotten. I never offered to pay for it. I did help clean it up , though.
Posted by Kim Jong Ir
Baton Rouge
Member since Jan 2008
54061 posts
Posted on 5/1/16 at 9:27 pm to
quote:

Actually, it doesn't have to fall during a storm, etc. just has to be alive.


If the tree/limb appears healthy (i.e. there is no apparent sign of sickness), it is considered an act of god and there is no liability.
Posted by Eightballjacket
Member since Jan 2016
7742 posts
Posted on 5/1/16 at 9:29 pm to
If you like your neighbor, explain the situation to him and offer to pay his deductible.

If you don't like your neighbor, consider it revenge.
Posted by its1999
Member since Aug 2009
1040 posts
Posted on 5/1/16 at 9:42 pm to
Mr. its1999 and I would like to know if you cut some planks off that tree trunk and made table tops with it. Because that would be awesome and I'd like to order one.
Posted by TitleistProV1X
Member since Nov 2015
3597 posts
Posted on 5/1/16 at 9:50 pm to
I do like my neighbor and am willing to cough up some money even though I'm moving away in 2 months. However, I'm not sure what his deductible is, could be really high for all I know.

At most he should only have to replace 30 feet of gutter which should probably cost about $5/foot so I'm not expecting this tone a huge amount of money.
Posted by BigB0882
Baton Rouge
Member since Nov 2014
5381 posts
Posted on 5/1/16 at 9:50 pm to
Do NOT go over there and begin doing anything with the tree. By doing that you are taking responsibility and that can be used against you if he wants to take this to court. Do nothing. Tell him your lawyer and insurance advised that he is responsible and it is the law. Be civil but firm.
Posted by Strannix
President Trump's America
Member since Dec 2012
51247 posts
Posted on 5/1/16 at 10:01 pm to
Did you look at his hands?
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
70155 posts
Posted on 5/1/16 at 10:04 pm to
More specifically his knucks.
Posted by Brageous
Member since Jul 2008
107724 posts
Posted on 5/1/16 at 10:05 pm to
What this Guy said. As long as it's alive, it's not your fault. Mother Nature is a bitch. Insurance will cover but helping cleaning it up would be a polite gesture. You owe nothing monetarily though.
Posted by Stud Bud
MS But travel all over the country
Member since Sep 2015
6958 posts
Posted on 5/1/16 at 10:54 pm to
quote:

What this Guy said. As long as it's alive, it's not your fault. Mother Nature is a bitch. Insurance will cover but helping cleaning it up would be a polite gesture. You owe nothing monetarily though.


Yes.

I run into this a lot with my job.

If the tree was dead, your neighbor would have had to notify you. (Your insurance company would probably had to have something from the neighbor in writing informing them before this event even happened for them to accept liability.)

When I go out there to work a claim for a customer, because I'm usually working the claim for the guy whose house that the tree fell on, and that's what they always tell me.

His insurance company could attempt to subrogate against your insurance company, but a good adjuster will rule out subrogation potential if the tree looks healthy and just got blown down.

shite happens.
Posted by Spasweezy
Unfortunately, Louisiana
Member since Jan 2014
7010 posts
Posted on 5/1/16 at 10:56 pm to
Tree problem? Call this guy!

Posted by Eightballjacket
Member since Jan 2016
7742 posts
Posted on 5/1/16 at 11:34 pm to
When you say you're moving away in two months, do you mean that is when you plan on selling your house? If that's the case, then stay on good terms with him. If the costs are minimal, he may not even file a claim with his insurance.
Posted by ShermanTxTiger
Broussard, La
Member since Oct 2007
11116 posts
Posted on 5/2/16 at 1:25 am to
It comes down to responsibility. (strange) If the tree had issues and was potential danger you could be responsible because it was something that could have been foreseen. In storm situations perfectly healthy trees come down as a result of the storm and can't be predicted or expected. In those cases you are not responsible. Sadly people tend to think the owner of the tree is absolutely liable every time. Good luck with this. Your neighbor is wrong but he is still your neighbor. So there's that.
Posted by Boxcar
Richmond VA
Member since Mar 2016
900 posts
Posted on 5/2/16 at 2:07 pm to
Your obviously a good neighbor and have some class.
It legally isnt your problem and your the better person for offering to help.
Hopefully your neighbor is as good a guy and realizes the same.
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
62807 posts
Posted on 5/2/16 at 2:10 pm to
I had a maple tree shed a limb during Gustav. Took out 2 cars in neighbors driveway. I paid half their deductible. Just thought it was the neighborly thing to do.
Posted by Tempratt
Member since Oct 2013
14521 posts
Posted on 5/2/16 at 2:13 pm to
quote:

My dad had something similar happen during Gustav and everyone ended up in court.


Hopefully he doesn't live next a tube steak.
Posted by Wermanium
Member since Apr 2016
760 posts
Posted on 5/2/16 at 2:14 pm to
quote:

thats very nice of you to pay half, if he doesnt accept that then tell him to F off and you're paying for none of it and that it isnt your responsibility



This.
Posted by Skillet
Member since Aug 2006
111669 posts
Posted on 5/2/16 at 2:17 pm to
I'm proactive with the large tree in my neighbors yard that has limbs over my yard. every 2 or 3 years I hire a tree service to come and cut the limbs hanging over my yard. It makes the tree look like shite, but I don't care.
Posted by LSUBoo
Knoxville, TN
Member since Mar 2006
102497 posts
Posted on 5/2/16 at 2:20 pm to
My neighbor had three gumball trees removed from his side of our property line a few months back. I need to send him a thank-you card for that.
Posted by slackster
Houston
Member since Mar 2009
89584 posts
Posted on 5/2/16 at 2:23 pm to
quote:

I've been through this same situation from both sides.


shite man, you and your neighbors need to take a little more precaution with your trees.
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