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05-07-2017 12:29 PM
I admit I have not read all of this thread but I had a neighbor's tree with branches leaning over my chimney. I call a tree trimmer to cut them back and he told me to send a registered letter to the owner (house was a rental) and CC to my insurance agent. I got the owners address through tax records and within two weeks the tree was gone.
05-07-2017 01:22 PM
Yes I would.....we have a large tree between our houses-to the back. We helped clean up a big mess after we had a wind storm. We have also had the tree trimmed several times to keep the big branches in check. I wish is was not so expensive to take the darn, ugly thing down......
05-07-2017 01:28 PM - edited 05-07-2017 01:45 PM
Yes, I would apologize. I had a tree situation. In the backyard, there was a line of trees. One day one of the owners behind me came over with an estimate. He wanted to cut or trim the trees behind his house and he would pay half. I didn't know if the trees were his or mine. I suspected they were his. The bill was steep, so I put it aside.
A couple months go by and a part of a tree fell on his chain link fence. His daughter, an attorney, went to my insurance company and gave them the bills. My insurance company paid to fix the fence and haul away the limb.
05-07-2017 01:46 PM
@RinaRina I first admit I have not read these six pages of replies, so, if this is repetitious advice, I apologize. Secondly, this is not legal advice.
That said, do you by chance still have that Email you sent him about your concern over his diseased trees? Better yet, did you save the answer he sent you saying he'd attend to them? If so, call your insurance agent first thing tomorrow and tell them. It's possible they will settle your claim, then go after him for the expenses. If you can document he was made aware of the issue, it's negligence.
Good luck!
05-07-2017 02:00 PM
I would apologize if I went so ballistic that I said things I shouldn't have. Maybe you could remind him what a good neighbor you have been all these years and let him know you have been very worried about the trees to the point you feel like moving.....and maybe add that the new neighbors he may get may have 6 kids and 2 barking dogs!!!!
05-07-2017 02:30 PM
I don't understand....what would an apology do for you? How would that help the situation? We had this exact situation more than once when we had our old house and our home owner's policy paid us for the damage to our house. I do believe that is how it goes. If a neighbor's tree falls on your house (or garage), you insurer pays because a falling tree is an Act of God. Yes, your neighbor should indeed have someone come in and inspect his trees, we did that every other year and we also did it after a hurricane or big tropical storm. You're right, assuming that the tree was not damaged by a recent storm or high winds...something unpredictable....they it probably was predictable and that's why he won't give you an apology. You should check with your town to see if there are some town regulations regarding trees, especially since his trees have already caused damage to your house.
05-07-2017 02:31 PM
@RinaRina, if I were the neighbor, I would apologize. I'd have had the tree issue taken care of by now tho, too. My neighbors dogs have gotten into their trash several times, the wind blows it onto my property. They do not apologize, nor do they help us pick it up. And it will be picked up, I am not having trash all over my property.
All that just to say, there are some people who are responsible and some who are absolutely not for whatever reason. And it can be infuriating.
If I were you, I would be hot. And it stinks that its your insurance company who is having to pay.
Do you think your insurance premiums will go up?
05-07-2017 02:31 PM
@IamMrsG wrote:@RinaRina I first admit I have not read these six pages of replies, so, if this is repetitious advice, I apologize. Secondly, this is not legal advice.
That said, do you by chance still have that Email you sent him about your concern over his diseased trees? Better yet, did you save the answer he sent you saying he'd attend to them? If so, call your insurance agent first thing tomorrow and tell them. It's possible they will settle your claim, then go after him for the expenses. If you can document he was made aware of the issue, it's negligence.
Good luck!
That's exactly what I did. It's in subrogation right now .. Meaning, my insurance co. has asked his insurance co. for reimbursement. They have the email.
05-07-2017 02:38 PM
@happycat wrote:@RinaRina, if I were the neighbor, I would apologize. I'd have had the tree issue taken care of by now tho, too. My neighbors dogs have gotten into their trash several times, the wind blows it onto my property. They do not apologize, nor do they help us pick it up. And it will be picked up, I am not having trash all over my property.
All that just to say, there are some people who are responsible and some who are absolutely not for whatever reason. And it can be infuriating.
If I were you, I would be hot. And it stinks that its your insurance company who is having to pay.
Do you think your insurance premiums will go up?
Yes! The premium went up the first time it happened. But almost a year elapsed and I'd forgotten about the incident. When I got my (premium) statement, I was flabbergasted. The insurance co. told me it simply did NOT matter, that it was NOT "my" tree. The premium went up and it will go up again.
Do you think my neighbor cares?
And, BTW, I wrote him another email telling him my premium went up the first time, and it will go up again.
I've heard NOTHING from him.
05-07-2017 02:41 PM
@RinaRina wrote: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 houseIf 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 houseIf 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.
I wasn't aware of that. I have been told the exact opposite so I will be talking to our insurance agent tomorrow. We live in an established neighborhood with hundreds of very tall oaks, maples, birch, etc so I will confirm this with our agent. Our next door neighbor had an issue with a large tree limb falling on another neighbors car. I thought she told me their insurance had to pay for it. At any rate, I'm checking to make sure.
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