by Insurance Maze » Mon Jan 14, 2008 10:17 pm
My neighbor's 100-year-old oak tree fell right in the middle of my den during a recent storm. Not only did it crash through my roof, but the rain coming in damaged my furniture, my walls and my newly installed carpet.
My neighbor says that since it was an "act of nature", he doesn't feel any responsibility for the damages. What's next?
My neighbor says that since it was an "act of nature", he doesn't feel any responsibility for the damages. What's next?
Posted: Tue Jan 15, 2008 01:17 am Post Subject:
If the tree was weak or rotted in places, then yes, he is legally responsible for damage caused. Even though you have the right to chop branches that cross the property line, he is legally responsible for damage.
I'm not sure if it can be classed as an act of god though. If the tree was in bad shape, then I'm sure he can be held responsible for it.
Posted: Tue Jan 15, 2008 06:58 am Post Subject:
Unfortunately, your neighbor may be right. It can be categorized as the ‘act of nature' if strong wind remained the sole cause of uprooting it. And no-one can be blamed for the damages caused. You need to file the claim under your own homeowners policy (though I believe that a decent neighbor should share the responsibility).
But, if the tree was rotten or dead (as Quenline has mentioned) and the neighbor was aware of its condition then they are fully responsible for the damages caused.
Thanks,
Carol
Posted: Tue Jan 15, 2008 07:33 am Post Subject:
Depending upon the state laws, he can be held responsible for the losses to your property. Ask him to check out whether or not it is covered under his policy.
Have you spoken to your agent regarding this incident? He may guide you through the process.
Take some pictures of the damaged portion of the house and also dig out some old pictures of your home where the oak is at sight. This may be required to measure the extent of damages. And also ask for free estimation form a restoration company.
Posted: Tue Jan 15, 2008 03:56 pm Post Subject:
Isn't a tornado an "act of nature"? How about a lightening strike, resulting in a fire?
There is a new wrinkle here:
The insurance adjuster came out to inspect the damage and get this. He says that I didn't do my job.
It rained all night the night of the tree collapse and the next morning, my den not only had no roof, there was about 2 inches of water standing on our new carpet.
The adjuster advised me that I should have gotten on the roof and put a tarp over it to prevent any further damage. What about that?
Posted: Wed Jan 16, 2008 11:03 am Post Subject:
It's called mitigating your damages and yes, you have an obligation to do so, but within reason...I think you can bet that ''rap'' given the conditions...it doesn't matter what your neighbor thinks...it does matter what his carrier decides...all states/areas seem to differ on this...in my area, if the owner of the property knew, or should've known that the tree was dead or a danger, then he can be held responsible, if however it is/was a healthy tree that a bad storm took out, then he may not be, however of course your own homeowner would cover it then...let us know please how this comes out.
Posted: Thu Jan 17, 2008 12:53 am Post Subject:
Yup, you need to prevent further damage out of your own pocket, it's like letting another dead tree fall on top of your house instead of cutting it down. It's pretty much an anti-fraud thing.
I'm sure you can have tarps and all that covered by the insurance payout as well.
Then again, it's a within-reason thing, if it was raining ALL DAY during and after the collapse, then I doubt that you would be able to run out and get a tarp and put it on the roof without having to claim health insurance.
Where do you buy tarps anyway? It's not as though theres a store called Bed, Bath, and Tarps down the road.
Posted: Thu Jan 17, 2008 05:30 am Post Subject:
Insurance Maze:
There is a difference between 1st and 3rd party claims.
Yes those would be acts of nature or act of god and would be a reason for your neighbor's policy to not accept liability, unless as mentioned before the tree had rot or other issues that were visible or known to the tree's owner. Those same acts of god would not affect coverage under your own homeowner's policy.
As far as covering the roof, there are many roofing companies that will tarp a roof in the rain. If you never called one and the roof was still un covered when the adjuster came out, then you could have a problem.
Posted: Thu Jan 17, 2008 10:28 am Post Subject:
Where do you buy tarps anyway? It's not as though theres a store called Bed, Bath, and Tarps down the road.
You're such a fun kid! walmart, kmart, any mart!Posted: Fri Jan 18, 2008 02:04 am Post Subject:
You gotta be kidding, I've been hunting them down at the landfill and I could've bought them at Walmart all this time? And thanks for the compliment Lori.
Guess they do have everything except Arm Warmers. *kicks the Saleswoman who sent him in circles for arm warmers*
Posted: Fri Jan 18, 2008 11:12 am Post Subject:
WHAT on earth is an ARM WARMER? and why would one need one? *put on a long sleeved shirt she thinks*
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