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Tree fell on my car at my apartment

Posted on 11/28/16 at 1:57 pm
Posted by jcaz
Laffy
Member since Aug 2014
19447 posts
Posted on 11/28/16 at 1:57 pm
Busted windshield, whole headlight assembly is fricked, wires slashed. Dents all over.

Tree was on opposite side of fence so the apartment complex and renters insurance said they are not liable.

The house and property next door looks abandoned.
I have a $500 insurance deductible thank god.

Is it worth fighting the neighbors to cover the damages?





Posted by nes2010
Member since Jun 2014
8029 posts
Posted on 11/28/16 at 1:58 pm to
I thought it was the responsibility of whoevers property it fell on?
This post was edited on 11/28/16 at 1:59 pm
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 11/28/16 at 1:59 pm to
quote:

I have a $500 insurance deductible thank god.

quote:

Is it worth fighting the neighbors to cover the damages?



no
Posted by AU_251
Your dads room
Member since Feb 2013
12113 posts
Posted on 11/28/16 at 2:00 pm to
quote:

Your car could be sitting in your driveway and get crushed by a neighbor's falling tree, and the cost would still fall to your auto comprehensive coverage - if you have it - and you would have to pay the out-of-pocket insurance deductible, unless ...

With insurance, there's usually an "unless ..." In this case, it's a question of whether the owner of the tree knew it was in danger of falling down, such as if you told them: "Hey, neighbor, I'm worried that the big dead tree in your front yard might fall on my car."

Ideally, you would have told them of your concerns in writing, although that doesn't always make for good neighbor relations. In such a circumstance, your car insurer could try and get the neighbor's homeowner's insurance to pay the claim, including your deductible.


Unfortunately, I don't think you have a case
This post was edited on 11/28/16 at 2:02 pm
Posted by LSUBoo
Knoxville, TN
Member since Mar 2006
104448 posts
Posted on 11/28/16 at 2:00 pm to
quote:

Is it worth fighting the neighbors to cover the damages?


No, they wouldn't be liable anyway most likely.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
20373 posts
Posted on 11/28/16 at 2:01 pm to
NO. Pay the deductible and move on.

FWIW, I had this same thing happen from my neighbor's tree (obviously I knew who it was so that alone is easier than your situation) but the damage was to a very expensive tennis court light pole on my property. I went round and round with insurance and lawyers and found it just isn't worth it.

In a nutshell, to collect from the neighbor you have to have given them PRIOR notice that you considered their tree a danger and that you wanted it removed. Add in the fact that you are on apartment property and not your own and you are triple screwed.
Posted by skinny domino
sebr
Member since Feb 2007
14536 posts
Posted on 11/28/16 at 2:01 pm to
who r u insured with?
Posted by LucasP
Member since Apr 2012
21618 posts
Posted on 11/28/16 at 2:02 pm to
Sue the frick out of them.
Posted by Cosmo
glassman's guest house
Member since Oct 2003
132599 posts
Posted on 11/28/16 at 2:02 pm to
Should have paid the extra $40 a month for one of them covered spots amirite?
Posted by jcaz
Laffy
Member since Aug 2014
19447 posts
Posted on 11/28/16 at 2:02 pm to
State Farm.
Judging by what most of you are saying and I agree...
No case here. This is just my first rodeo.
Posted by AU_251
Your dads room
Member since Feb 2013
12113 posts
Posted on 11/28/16 at 2:04 pm to
No knock on you, I would certainly be trying to find someone to blame here. Shitty luck all around
Posted by Chuker
St George, Louisiana
Member since Nov 2015
7544 posts
Posted on 11/28/16 at 2:04 pm to
Pay the $500 and be glad you paid the extra in premium for the that deductible instead of the 2k deductible.


Posted by hobotiger
Asbury Park, NJ
Member since Nov 2007
5433 posts
Posted on 11/28/16 at 2:06 pm to
As an insurance adjuster just deal with your insurance company. As others have said, unless the neighbor was made aware of concerns about the tree in writing, his insurance will do nothing assuming there is insurance if the property is vacant
Posted by tigerbutt
Deep South
Member since Jun 2006
26440 posts
Posted on 11/28/16 at 2:07 pm to
Looks like a pecan tree.
Posted by roguetiger15
Member since Jan 2013
17670 posts
Posted on 11/28/16 at 2:09 pm to
Can I come grab that wood for my fire pit?
Posted by toosleaux
Stuck in Baton Rouge traffic
Member since Dec 2007
9497 posts
Posted on 11/28/16 at 2:09 pm to
I would sue the wind.
Posted by Chuker
St George, Louisiana
Member since Nov 2015
7544 posts
Posted on 11/28/16 at 2:12 pm to
quote:

pecan




thats oak you numbnut
Posted by CoachChappy
Member since May 2013
34324 posts
Posted on 11/28/16 at 2:17 pm to
You live on Bluebonnet?
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 11/28/16 at 2:20 pm to
quote:


pecan




thats oak you numbnut



I agree, it looks like a pecan tree
Posted by Topwater Trout
Red Stick
Member since Oct 2010
70176 posts
Posted on 11/28/16 at 2:22 pm to
quote:

Is it worth fighting the neighbors to cover the damages?


If it's their tree you should go talk to them...and they file it on their insurance.
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