topic Re: Would YOU Apologize? in Among Friends

Would YOU Apologize?

RinaRina — Sun, 07 May 2017 12:06:15 GMT

My neighbor's tree fell on my property. This is the SECOND time this has happened.

Each time, all he's said to me is, "you're insurance will cover it".

The first time, I went along with it without a fight because my insurance co. told me a fallen tree is considered an "act of god" and the tree owner is not responsible. So, I have to cover it with my insurance if the tree is on my property.

But the second time???? No! I went ballistic!

I'd already had several discussions with him about his trees being diseased, falling branches, etc. and sent him an email SIX MONTHS AGO reminding him about the tree. He told me he'd have someone look at it. Apparently, he never did.

Instead of just saying, "you're insurance will cover it", THIS TIME, I think the least he could do is say he's sorry about the accident .. and his negligence. IMHO, the accident could've been avoided.

Re: Would YOU Apologize?

KentuckyWoman — Sun, 07 May 2017 12:10:31 GMT

Since it is his tree, I would think his insurance would be responsible for any damage. At least that's the way our insurance reads. If he does have insurance, I'm surprised they haven't insisted he have the tree removed to prevent any further damage.

Re: Would YOU Apologize?

Jtdmum — Sun, 07 May 2017 12:19:25 GMT

I have a similar issue with a neighbor whose pine trees are 100' tall and branches break in heavy snow. If something drastic happens and they split and fall forward they will come through my roof and they are positioned over the master bedroom of my house so I may not be alive to post the outcome!

She had a huge tree split and fall over the winter and told me she would have her trees worked on in the spring. Well, she did and didn't touch the pines, just what fell and what could potentially fall on HER house.

At this point for me (and certainly for you!) i call it negligence. My family knows about this, one is a lawyer, and if something happens it's documented.

Do I think you owe an apology? NO WAY! People need to take care of their property, especially if it's hazzardous. If they don't then suffer the consequences of potential lawsuits. I'm not that way normally, we have a great neighborhood and I don't want to stir up trouble, but her lack of attention to this, especially where she knows this is a problem (as does your neighbor) is abhorrent.

BTW..she is quite affluent, money is no issue.

Re: Would YOU Apologize?

roxxy1 — Sun, 07 May 2017 12:21:05 GMT

Your neighbor definitely should apologize for the mess on your property and he should pay for the tree to be removed.

That's the neighborly thing to do.

Re: Would YOU Apologize?

RinaRina — Sun, 07 May 2017 12:20:03 GMT

@KentuckyWoman,

From Angieslist .....

It's the law .. and HE KNOWS it. That's why he didn't apologize. Each time this happens, it's just a BIG SMILE and "you're insurance will cover it" ...

Quote:

Scenario 2: Your tree falls on your neighbor’s house

If your tree falls on your neighbor’s house, the basic rule is that the insurance policy of the property that was damaged pays for the loss. In other words, if your tree falls on your neighbor’s house, your neighbor’s homeowner’s insurance covers the damage to your neighbor’s house.

Scenario 3: Your neighbor’s tree fell on your house

If your neighbor's tree fell on your house, then your homeowner's insurance policy should pay for any damage per the property claim. This means that you are responsible for the damage to your house with your homeowner's insurance paying for the any repairs to the home if the tree falls on your house, regardless if it's your neighbor's tree.

Re: Would YOU Apologize?

RinaRina — Sun, 07 May 2017 12:26:51 GMT

See "law" posted above ....

Horrible!

BTW, when I was calling Tree removal companies, one of them told me, "it's customary for the tree owner to offer something".

Ha! And all I expected was an apology!

Re: Would YOU Apologize?

Tallgal — Sun, 07 May 2017 12:26:09 GMT

I understand your frustration about this situation with your neighbor and his trees and being this is the second time one of his trees fell on your property. Being you had previous discussions with him regarding the diseased trees and he did nothing to get rid of the trees on his property it appears to me that this was not a high priority on his to do list. I don't think you will get an apologize because he doesn't see this as being his problem. Back when i lived in a house, one of my neighbor's trees fell on my driveway and in my front yard. I never received an apology from the neighbor regarding the tree. Fortunately I had some great neighbors who helped me with chain saws to cut the fallen tree so that I could get access to my driveway.

Re: Would YOU Apologize?

RinaRina — Sun, 07 May 2017 12:31:32 GMT

@Tallgal wrote:
I understand your frustration about this situation with your neighbor and his trees and being this is the second time one of his trees fell on your property. Being you had previous discussions with him regarding the diseased trees and he did nothing to get rid of the trees on his property it appears to me that this was not a high priority on his to do list. I don't think you will get an apologize because he doesn't see this as being his problem. Back when i lived in a house, one of my neighbor's trees fell on my driveway and in my front yard. I never received an apology from the neighbor regarding the tree. Fortunately I had some great neighbors who helped me with chain saws to cut the fallen tree so that I could get access to my driveway.

You'd think after living in the same neighborhoood for 26 years, he'd have the DECENCY to say something other than, "you're insurance will cover it".

BTW, he's retired -- but he's too busy to say, sorry this happened AGAIN.

Re: Would YOU Apologize?

151949 — Sun, 07 May 2017 12:34:23 GMT

A friend of ours had a tree in her yard struck by lightening and fall into her neighbors house putting a huge hole in the roof. My friend's insurance paid for the damage but my normally very sweet friend really developed an attitude about her neighbor, and just seemed to feel that since the insurance paid for it , that was all there was to it. I disagree. Her neighbors had a lot of damage to their kitchen from the hole in the roof. They could not stay in their house and had to move to a month to month furnished apartment until the repairs were done etc etc. This is a lot to go thru emotionally for anyone and I felt if the neighbor wanted to vent a little, my friend and her husband could have at least lent an understanding ear. Would it have killed my friend or her husband to just listen and occasionally throw in a"Oh I completely understand how you feel."

Re: Would YOU Apologize?

software — Sun, 07 May 2017 12:36:20 GMT

A couple of years ago my neighbor's tree fell on my roof.

My insurance company sent me a check, less the deductible.

Then my insurance went after HIS insurance.

A couple of months later, I also received a check for the deductible.

Neighbor's insurance company harrassed me. They wanted to inspect my house, I wouldn't let them, they had no business on my property. They are not MY insurance agent. Also they argued with me that the tree was MINE not the neighbors. It could have gotten ugly but I don't intimidate easily nor do I suffer fools gladly.

It was a fiasco, but I got all my money and a new roof.

And here's the kicker, the neighbor is a lawyer! They have sinced moved.

@RinaRina

Re: Would YOU Apologize?

Pook — Sun, 07 May 2017 12:37:42 GMT

I can't imagine just leaving you with the expense and mess. When part of one of our trees fell and took out our neighbor's post and clothesline, we cut and removed it, cleaned up their yard and paid t have a new clothesline with new posts put in. It should be a mandate. @RinaRina Does your municipality have laws about this - especially if they are diseased and in bad shape? It's worth checking out as this is a safety risk.

Re: Would YOU Apologize?

Boehm Collector — Sun, 07 May 2017 12:49:11 GMT

@RinaRina .. report him to your municipality. In our town he would be given a notice for a specific amount of time to correct the problem. If he fails to comply he would be fined.

Re: Would YOU Apologize?

Plaid Pants2 — Sun, 07 May 2017 13:26:47 GMT

I have seen cases like this on the show, "The People's Court", and if I recall correctly, I think that the law reads that even though the tree itself is on his property, any branches that hang over the property line are your responsibility.

So, therefore, from the earth to the heavens, if branches, limbs etc hang over that property line, it is your responsibility to take care of them, remove them, so that they don't break and fall, and create damage and/or injury.

Re: Would YOU Apologize?

KingstonsMom — Sun, 07 May 2017 13:16:52 GMT

@RinaRina

We went through the same scenario, when a large limb from one of our neighbor's 4 trees, planted right along our adjoining fence lines, crashed into the side of our house and on top of DH's truck in the driveway, doing thousands of $$ in damage.

They were very apologetic and immediately called their homeowners insurance agent who promptly told them that it was OUR responsibility, not theirs, even though it was their tree, citing the same insurance industry standard in these situations of an "Act of G--".

The neighbors stopped speaking to us after finding this out.

We protested to our insurance that we had made many complaints to these neighbors, as their trees had been dropping large limbs on our property for years, but not causing damage till now.

That fell on deaf ears, even with our own insurance company. We had to pay our deductible for repairs and I cringe every time it storms now.

Re: Would YOU Apologize?

KingstonsMom — Sun, 07 May 2017 13:23:41 GMT

@KentuckyWoman wrote:
Since it is his tree, I would think his insurance would be responsible for any damage. At least that's the way our insurance reads. If he does have insurance, I'm surprised they haven't insisted he have the tree removed to prevent any further damage.

@KentuckyWoman

You should call your agent and ask this specific question, I believe you're wrong. This is considered the 'Industry standard'.

We even contacted an attorney and were told the same thing.

Unless we had paid an arborist to examine the trees and they deemed them 'diseased' and we had sent a registered letter to the property owners making them aware of the arborist's finding PRIOR to the event, we didn't have any recourse.

Re: Would YOU Apologize?

KingstonsMom — Sun, 07 May 2017 13:26:41 GMT

@RinaRina wrote:
See "law" posted above ....
Horrible!

BTW, when I was calling Tree removal companies, one of them told me, "it's customary for the tree owner to offer something".
Ha! And all I expected was an apology!

@RinaRina

An apology and an offer to help pay a portion of our deductible would've been nice to me and is exactly what I would've done if the situation was reversed!

Re: Would YOU Apologize?

CrazyDaisy — Sun, 07 May 2017 13:27:12 GMT

In this litigious society an apology is often conscrewed as an admission of guilt. Unless the city has found that your neighbor has neglected the trees and notified him to correct, it is considered an act of God.

Re: Would YOU Apologize?

RinaRina — Sun, 07 May 2017 13:30:03 GMT

@Plaid Pants2 wrote:
I have seen cases like this on the show, "The People's Court", and if I recall correctly, I think that the law reads that even though the tree itself is on his property, any branches that hange over the property line are your responsibility.

So, therefore, from the earth to the heavens, if branches, limbs etc hang over that property line, it is your responsibility to take care of them, remove them, so that they don't break and fall, and creat damage and/or injury.

My post was not about "branches". I've been cleaning up the branches for YEARS. The ENTIRE 75 foot tree fell in my yard. The other tree that fell the first time was badly diseased and was about 50 feet high. But since it was "sick", much of it broke into pieces after it fell. Nevertheless, it was a mess and destroyed my shed.

THIS TIME, my shed was demolised -- smashed like a pancake, the fenced was demolished - must be replaced, cannot be repaired, the siding on my back porch was ripped off and the tree missed my new HVAC system which was installed FIVE DAYS before by a hair. I literally mean ... a strand of hair!

Re: Would YOU Apologize?

RinaRina — Sun, 07 May 2017 13:33:34 GMT

@KingstonsMom wrote:
@RinaRina

They were very apologetic and immediately called their homeowners insurance agent who promptly told them that it was OUR responsibility, not theirs, even though it was their tree, citing the same insurance industry standard in these situations of an "Act of G--".

The neighbors stopped speaking to us after finding this out.

YOU had to pay for the damage yet THEY stopped speaking to you. Unbelievable.

Re: Would YOU Apologize?

Nightowlz — Sun, 07 May 2017 13:40:12 GMT

Sounds like our ******hole neighbor. We just paid $500 to have limbs hanging over on our property removed before they go thru our roof during a storm. I talked to our Insurance company about it. I was told if the neighbors trees do damage to our property our insurance will pay for the damages & our insurance will go up. I don't know if you can Sue the neighbor if the situation ever occurred. We have talked to our neighbor until we were blue in the face. He kept telling us he was going to have them trimmed & he was going to clean his yard. What a joke. He never did anything. Everything that comes out of his mouth is a lie. I would never apologize to him for anything I have ever said to him. No Way Never Happening. He his nothing more then a lazy slob. Now when we have storms all his tree limbs gets thrown back in his yard. All winter I raked his leaves & threw them back in his yard. We are not bagging his leaves or other garbage anymore. He will get it all back over the fence.

His place looks like a jungle & from living like that his yard is always wet so now he has termites. We were outside Fri & termites were swarming out of his yard all over the place.

I was also told by our Insurance company if you have diseased trees on your property that cause damage they will not pay the claim.

If I were the OP I would get some friends to come over & help move his big tree into his yard so he could have fun removing it.