Fallen Tree & Insurance question

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I've got a neighbor whose tree branches fell on my garage busting up the gutter & who knows what else. Until the branches are removed I can't asses the damage This occured after a heavy snow.
She's telling me her insurance won't cover it.
Does this sound right?
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It may be easier for you to put in a claim with your insurance company. They in turn will try to get the money from the owner of the tree or the owner's insurance. Your insurance company can be a whole lot more effective than you as an individual is.
Charlie

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Charlie Bress wrote It may be easier for you to put in a claim with your insurance company. They in turn will try to get the money from the owner of the tree or the owner's insurance. Your insurance company can be a whole lot more effective than you as an individual is.
================= And his insurance company will NOT do this for "free." This will be a claim on his account, no matter who is held liable and no matter whose insurance company pays. Insurance company employees and insurance company attorneys do not work for free. The cost of their services is recouped via premium increases.
Request that the neighbor or his insurer pays for the damages. If not, get a good book to read while waiting, and meet them in small claims court.
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"It may be easier for you to put in a claim with your insurance company. They in turn will try to get the money from the owner of the tree or the owner's insurance. "
No, they won't because unlike you, the insurance company knows that the property owner of the land that the tree happened to be growing on isn't responsible for damage to another property the tree fall on, unless negligence can be proven.
"Request that the neighbor or his insurer pays for the damages. If not, get a good book to read while waiting, and meet them in small claims court"
A waste of time and money. Simpler to do an internet search and see that the other party has no liability.
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How do you know that there isn't any negligence on the part of the tree owner?
Also, you obviously don't know much about small claims court. Smart people can often get judgements against parties who may be technically innocent.
Final point: A neighbor's tree came down in my mother's yard last summer. It took out part of her wooden privacy fence plus some of her landscape items. The neighbor's insurance covered tree removal on her lawn, cleanup, and damages. Maybe the neighbor was nice and paid for this himself and fibbed. I don't know, but I know enough to be astute and realize that situations vary, laws vary, and legal interpretations vary.
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http://insurance.mo.gov/consumer/weather/winterStormFAQ.htm
What if my tree branch fell on my neighbor's house and caused damage? Is my neighbor responsible, or do I make a claim on under my homeowners policy? In most circumstances, your neighbor would file a claim under his or her insurance policy. Your homeowners policy covers your home, not the neighbor';s.
The same applies to costs for removal of debris or repairs for an auto damaged by falling branches: the owner of the property damaged should file the claim, not the owner of the tree. Comprehensive coverage will cover cars damaged by falling trees.
If your tree was dead or diseased and you are accused of negligence for not removing the tree earlier, assigning responsibility for the damage is more complicated, and you should consult your agent.

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Call your insurance company, and let them work it out! That is why you pay them! Greg
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It might be. If her insurance doesn't cover it, then she has to cover it personally. So what's the issue?
Captain Joe Redcloud
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wrote:

I have always been told that if a neighbors tree falls on your house, it's your problem not theirs, and you can't do anything about it.
Kinda sucks, but that's the way it goes....
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wrote:

....Only until you get a different opinion.
Captain Joe Redcloud
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Who cares? That is why YOU have an insurance agent that earned a commission on your policy. Call them.
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And raise your CLUE score for having a loss even though you do not make a claim
http://www.cbsnews.com/stories/2005/08/19/earlyshow/contributors/raymartin/main788713.shtml
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Edwin Pawlowski wrote Who cares? That is why YOU have an insurance agent that earned a commission on your policy. Call them.
============== No, no, no! Only with extreme caution. My neighbor did that and got his premiums increased even though he didn't get any money from his own insurance company. Those f***ing computers remember everything that you do.
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wrote:

Unless the neighbor was somehow negligent, it is an act of God and he is not liable. Obviously he has to talk to his insurance company and maybe a lawyer to get accurate advice.
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not
lawyer to get

"Acts of God" are the legal class of events that no one can predict. But: 1. Everyone can predict that every branch of every tree will fall sooner or later. 2. Knowledgeable people can forecast that a particular branch is likely to fall this year rather than next.
--
Don Phillipson
Carlsbad Springs
  Click to see the full signature.
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Toller wrote Unless the neighbor was somehow negligent, it is an act of God and he is not liable. Obviously he has to talk to his insurance company and maybe a lawyer to get accurate advice.
========= Are you a lawyer or an insurance actuary?
Ice on the road is an "act of God." My hitting you because of the ice on the road is still my liability.
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Yes, that's exactly right. Call _your_ insurance company. In 2003 high winds of a summer storm caused a (possibly) diseased Ash tree to split and fall on my house, with significant damage to my roof and back enclosed porch. The insurance co and its adjuster both said that, basically, once it's on your side of the fence, it's your tree, Insurance Co. was not pleased that I did not want to use their restoration contractor, which I'm sure gets some kind of kickback, instead of the contractor I've used for past repairs and work on the house.
--
Chuck Reti
Detroit MI
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In South Carolina, if my neighbor's tree falls on my house, it is my problem, and my insurance company pays, even if the tree was diseased. It may be different where you are. Why are you asking here? We have no authority. Call your insurance company to get accurate advice for your area.
Stretch
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It is your problem , call your insurance co
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3rd eye wrote:

Sounds right to me, because, generally, what is over your property is yours to maintain. Call your insurance company.
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