"Acts of God" are the legal class of events that no one can predict. But:
And raise your CLUE score for having a loss even though you do not make a claim
You submit to your own homeowners insurance. Had a similar thing happen here.
Thanks to those that responded with constructive advise.
A bit of checking (which I should have done before I posted) Told me what most of you have. Also, told me she never bothered calling her insurance co.
I called mine. If I understood the guy correctly- They will pay up to $500 to get the branches removed. Then, the $1K deductible will kick in for damage to gutter & whatever else.
It is probably just the gutter that needs repair- a 40' long section- seamless, a 4 ft section on the end.
Likely, I'll end up patching it & forget the whole thing.
"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.
Edwin Pawlowski wrote Who cares? That is why YOU have an insurance agent that earned a commission on your policy. Call them.
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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.
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.
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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.
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.
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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.
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.
Insurance is something people buy for their own benefit. It has little or nothing to do with whether the insured person himself owes money. It only has to do with whether her insurance company will pay what she owes. Even if they won't pay, she may owe you.
Conversely, if she doesn't owe you the money, the fact that she has insurance doesn't mean anything to you. Even if she is "covered", they won't pay you unless she owes you.
Related, if you sue someone for negligence, the fact that he has insurance doesn't mean you will get paid. First the person you sue has to be negligent. Sometimes bad things happen but no one has been negligent. Although usually someone is.
Remove NOPSAM to email me. Please let me know if you have posted also.
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