Would YOU Apologize?

RinaRina · ‎03-13-2010

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.

"The less you respond to negative people, the more peaceful your life will become."

KentuckyWoman · ‎03-13-2010

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.

Jtdmum · ‎03-17-2010

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.

roxxy1 · ‎11-12-2016

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.

RinaRina · ‎03-13-2010

@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.

"The less you respond to negative people, the more peaceful your life will become."

RinaRina · ‎03-13-2010

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!

"The less you respond to negative people, the more peaceful your life will become."

Tallgal · ‎03-12-2010

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.

RinaRina · ‎03-13-2010

@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.

"The less you respond to negative people, the more peaceful your life will become."

151949 · ‎03-09-2010

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."

software · ‎06-08-2016

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