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Posted on 10/11/20 at 10:39 pm to beerJeep
quote:
Signed: someone who had their neighbor pay for the damage their tree did to our house
If the tree was healthy and fell due to a storm, your neighbors paid to either shut you up or because they don't understand torts.
Posted on 10/11/20 at 11:30 pm to AUriptide
quote:
The whole neighborhood should post a Go Fund Me to pay for the damage....
Posted on 10/12/20 at 1:51 am to wickowick
quote:
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
This. Louisiana law makes the tree owner responsible for “removing” tree from your property. Damage caused will have to be picked up by your insurance unless you can prove and you requested that the tree be removed prior due to disease.
I’m currently going through exact scenario. You can simply present evidence to constables office and not have to do anything else.
Posted on 10/12/20 at 7:24 am to tigerbutt
Boiled down...
Must be a defect in the tree, and the defect must be the cause of the fall
Owner must have known, or by evidence available prior to the fall, should have known if the defect.
Then we get to things like, what Parish? Over or under $50k? What judge? What lawyer filed? Etc...etc...
Must be a defect in the tree, and the defect must be the cause of the fall
Owner must have known, or by evidence available prior to the fall, should have known if the defect.
Then we get to things like, what Parish? Over or under $50k? What judge? What lawyer filed? Etc...etc...
Posted on 10/12/20 at 7:33 am to doya2
Let your insurance work it out with his
Posted on 10/12/20 at 7:48 am to Cracker
quote:
Neighbors tree falls and damaged your house
Did these things happen in different tenses?
Posted on 10/12/20 at 7:57 am to doya2
Your house, you do.
Posted on 10/12/20 at 8:00 am to doya2
quote:
Who pays for the damages?
Your insurance pays for damage to your house.
Posted on 10/12/20 at 8:12 am to doya2
quote:
Neighbors tree falls and damaged your house
Who pays for the damages?
Your insurance company is going to cover your damages if a neighbor's tree falls on your house.
That being said, your neighbor's insurance might have some issues covering their damage if the tree was known to be rotten or showed signs of being dead.
My parents had a large tree that uprooted and crushed their driveway and a neighbor's driveway. It fell during a storm where tornadoes were reported nearby (but not at their house). Tree was 100+ years old and towered over both properties even before the houses were built. It showed no signs of rot even after the removal team starting cutting through it's massive trunk. No issues with insurance to my knowledge for either my parents or their neighbors. Both have new driveways now. That's what insurance is for.
Universal advice: Buy good insurance for your home. Maintain your trees/keep them trimmed. You don't have to be friends with your neighbor, but definitely don't make an enemy out of them, even if they suck.
This post was edited on 10/12/20 at 8:21 am
Posted on 10/12/20 at 8:15 am to ShermanTxTiger
quote:
If the tree was healthy and fell due to a storm, your neighbors paid to either shut you up or because they don't understand torts.
Or you can look on the following page and see that the tree was dead and they had received several notices about the dead tree.
always funny when people downvote before reading ahead Like I said on page one, it isn’t ALWAYS so cut and dry
This post was edited on 10/12/20 at 8:17 am
Posted on 10/12/20 at 9:03 am to Kim Jong Ir
quote:
This is incorrect. In LA
sorry...you may be right. this is the only part of what I typed that did not happen to me. i should have kept to my first hand experience.
Posted on 10/12/20 at 9:13 am to doya2
In order for the neighbor to be forced to pay, you have to show that the neighbor was negligent, for example, they knew the tree was rotten and didn't do anything about it. If a storm knocks a perfectly good tree down, that is not the neighbor's fault.
Posted on 10/12/20 at 9:15 am to AUriptide
quote:
The whole neighborhood must split all cost...
I know this was posted as a joke, but I had one of my neighbors, after a bad storm last year, claim that it was the HOA's responsibility for damage caused by a downed tree. (The tree was in their backyard)
Posted on 10/12/20 at 9:22 am to jscrims
quote:
You do. I work in insurance.
Let me get this straight. If my house is damaged by a felled tree in my yard from a storm my house isn't covered?
That's incredible. For that matter couldn't they say that fire is an act of god and also not covered?
Insurance companies will weasel out of anything.
Posted on 10/12/20 at 12:53 pm to doya2
They say it is an act of God. You pay. That makes no sense to me. That is not an act of God. If you have a tree that can fall on your house or someone else's house, that is AN ACT OF STUPIDITY!!!
Posted on 10/12/20 at 1:39 pm to Possumslayer
quote:
What if the neighbor has mentioned a few times that he needs to cut it down?
If it is not in writing it never happened!
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