ronto
Buckeye
So sue me in small claims court.
legal eagle inputs please
- Thread starter bobski
- Start date
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Years ago I had a neighbor on the other side that had multiple trash trees leaning my direction. They would not do anything with them even though I went out of my way multiple times to point them out and ask them to get them taken care of. So one day I had 2 different tree guys come out and give me written quotes to have them taken down. I also asked them to put neighbors name and address on the quotes. I knocked on the neighbors door and gave them copies of the quotes and asked them to get the trees taken care of before the next wind or ice event.
Yet you guessed correctly---they did nothing. Next storm came along and I had 3 of their trees on my fence and carport. I informed them and they called their insurance guy who advised them that it was an act of God and would come out of my pocket. I showed them and reminded them of the quotes I had given them. Well guess what---yep their insurance guy was over the next day and tree guys showed up a week later to clean up the mess and take out a bunch more trees that I specified as leaning hard in my direction. Probably 10 years have passed and this neighbor still does not even acknowledge me in passing at the mailbox or passing on the street. Oh well, guess they should have listened the first couple of times and taken care of their property owners responsibilities.
Yet you guessed correctly---they did nothing. Next storm came along and I had 3 of their trees on my fence and carport. I informed them and they called their insurance guy who advised them that it was an act of God and would come out of my pocket. I showed them and reminded them of the quotes I had given them. Well guess what---yep their insurance guy was over the next day and tree guys showed up a week later to clean up the mess and take out a bunch more trees that I specified as leaning hard in my direction. Probably 10 years have passed and this neighbor still does not even acknowledge me in passing at the mailbox or passing on the street. Oh well, guess they should have listened the first couple of times and taken care of their property owners responsibilities.
crstrode
Single-Sixer
Be nice.
Be neighborly.
Try to work it out amicably . . . even if the neighbor is a dick.
If all that fails, let the insurance folks work it out.
It is NOT YOUR FAULT that the wind blew.
Try not to tell the neighbor to blow you.
Be neighborly.
Try to work it out amicably . . . even if the neighbor is a dick.
If all that fails, let the insurance folks work it out.
It is NOT YOUR FAULT that the wind blew.
Try not to tell the neighbor to blow you.
I had the same thinh]g,ha-pen to me about 15 years ago. High winds took out my ash tree are it put a hole in my neighbors roof. Insurance company told me it was not covered on the act-of-god basis. However, they said the neighbors policy should cover the damage to their house. Turned out to be so. Their insurance fixed the roof.
golferboy426
Buckeye
IMO you got very lucky. A hard leaning tree doesn't matter unless it was diseased etc. It should have been your insurance unless those quotes actually specified a danger and they involved an arborist
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bobski
Hunter
the 2500 is her deductable. she wants me to pay that.
thanks gang.
i will call my agent again.
thanks gang.
i will call my agent again.
You are a good person!
DerekR
Bearcat
Your insurance company told you correctly. In the scenario you describe, your insurance would not fix her fence. Mother nature type claims are not liability claims. Your insurance fixes yours and her insurance fixes hers.
I doubt she called you to ask how much deductible she should carry. You had no control over what her deductible would be. If you were liable, you can bet her insurance company would be after you for reimbursement for what THEY PAID HER. You are either responsible or NOT and if you are they would never have paid.
I wouldn't give her a nickle and I wouldn't listen to a lot of lip from her about it. Any time she brings it up tell her to put it in a formal letter and mail it to you.
Huskerguy72
Single-Sixer
This is not all that difficult. Your insurance company has a team of attorneys and they know both the laws and your coverage. Ask them, they are in that business and it isn't like they can just make stuff up as they go along.
You are not obligated to pay her deductible. The fact that her insurance covered the damage aside from her $2,500 deductible tells you all you need to know. There is a HUGE difference between you are responsible and you feel responsible and want to help.
As for trees, I know what the law is on that. Anything that hangs over on my property is fair game, I can cut straight up as much as I want. I had a big limb on a Sycamore tree hanging over our yard and directly over our power line. I had it removed, it was my responsibility because it was over MY property. Your property line extends straight up.
Then consider this scenario. Suppose a neighbors roof had blown completely off or a roof top unit had come flying into her home from the same storm. Would those residents be responsible for something that blew in from several houses away? The answer is no. You are insuring your home against whatever comes and when ever it comes.
My two cents.
You are not obligated to pay her deductible. The fact that her insurance covered the damage aside from her $2,500 deductible tells you all you need to know. There is a HUGE difference between you are responsible and you feel responsible and want to help.
As for trees, I know what the law is on that. Anything that hangs over on my property is fair game, I can cut straight up as much as I want. I had a big limb on a Sycamore tree hanging over our yard and directly over our power line. I had it removed, it was my responsibility because it was over MY property. Your property line extends straight up.
Then consider this scenario. Suppose a neighbors roof had blown completely off or a roof top unit had come flying into her home from the same storm. Would those residents be responsible for something that blew in from several houses away? The answer is no. You are insuring your home against whatever comes and when ever it comes.
My two cents.
gundog5
Bearcat
I agree with GunnyGene. Call your insurance agent and have them fight it out. That’s what you pay insurance for.I'm not a lawyer nor do I play one on TV. But I do have some experiences particular to where I live.
We get both ice storms and wind storms fairly often. They create havoc, and every time the questions arise, "who's responsible".
And the answer remains the same. The homeowner is responsible for damages on his own property when damages are via an act of God.
We could exaggerate the scenario... A tornado touches down, uproots a tree and it lands two blocks away on a persons roof. Is the owner of the tree responsible? Hardly.
And it's for these reasons we have the option to buy insurance. And we further have the option to be highly insured or barely insured.
Continuing this discussion... Even if a tree was in bad shape to start with, many code jurisdictions require a permit to remove a tree on the owners property. Most folks don't abide by that, including me now, and I'll take a tree down without permission. That wasn't always the case. We built a new house. There were large trees on the property needing to be removed near the footprint of the house. One was rotten. We asked permission, and the city said no. Arbor laws and all. Next wind storm, this same tree fell on our new house. Was the city responsible? Nope.
Subsequent property owners in the area, I suggested to them take down whatever trees you want and don't ask questions.
.
fuzzyedge
Bearcat
I was once told (by my own insurance co.in texas) that paying someone else's deductible was illegal.
Joe Chartreuse
Single-Sixer
I had a similar occurrence that wiped out a neighbor's garage. My homeowners covered it. My tree fell down. my liability, so no problem. An act of God on my policy would be a lightning strike, tornado, or whatever. In general a wind storm ( Not hurricane or same force continuous wind) should not take out a tree. The tree was already either old, rotted, or infested, and you should be covered.
If you haven't already, forget the phone call, dig out your policy, and read it. It's ONLY what is in writing that counts.
If you haven't already, forget the phone call, dig out your policy, and read it. It's ONLY what is in writing that counts.
Yet roofers pay the deductible all the time after hail storms here in Texas.
I didn't complain when the only cost after my roof was totaled a few years back was for better shingles than were in place.
Why would this be illegal?
fuzzyedge
Bearcat
It's illegal for contractors to waive your deductible or help you avoid paying it.Contractors who say they will waive your deductible might be sending false information to your insurance company about the cost of repairs. That would be fraud. And a contractor who offers to waive your deductible is likely making up the difference by cutting corners or using lower quality products. That can lead to more claims and repairs later.
fuzzyedge
Bearcat
One way is by giving you an estimate that's higher than the actual cost to repair your home or roof. The contractor then uses the extra money paid by the insurance company to cover your deductible. Some contractors might offer rebates or credits in the amount of your deductible. That's also illegal.
fuzzyedge
Bearcat
texas law, i didnt make it
My insurance company inspected, totaled my roof and issued me a check, minus my deductible , so I could replace my roof.
I received 3 bids , didn't pick the cheapest .
The bid I accepted was less than the check issued by my insurance company.
My son and a friend , had similar experiences from the same hail storms .
Same scenario in many of our parks. Park tree, healthy, falls onto adjacent landowner fence, house pool, etc. This happens during a wind storm. We clean up our side, they are responsible for their side. Act of God. Insurance covers us, not adjacent landowner.
Do not pay.
Do not pay.
