Fallen Tree & Insurance question

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I just had something like this happen to me. During a recent wind storm, a branch from a tree in front of my house fell on a car across the street, causing over $2,000 in damage. The owner of the car contacted me immediately. I'm a new homeowner so I freaked out and called my insurance agent. She informed me, calmly, that unless someone can prove (or I admit to) negligence on my part, my homeowner's policy doesn't cover damage to OTHER PEOPLE'S PROPERTY. Apparently, in NY State anyway, that's the way it works. So if your car is damaged by someone else's tree, you have to file a claim with your own car insurance company. If the tree branch had damaged their house or garage, they would file a claim with THEIR homeowner's insurance, not mine.
That's how it works in NY State, anyway. . .
Lesley
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It may depend on where you live. Here in Massachusetts it's your problem and not your neighbors. Call your insurance agent.

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"Depends on your state. "
I don't believe it does depend on the state. In every state in the US that I know of, it works the same. If you have a tree on your property that falls and causes damage to a neighbors property, you have no liability, unless it can be proven that the tree was an obvious hazard because of disease or condition and you were negligent in not addressing it. Does anyone know of a state where it is different? And a reference would be helpful.
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This is Turtle.
If your state addapted the No Fault insurance , it's your problem. Call youy inmsurance company and they will know what the story is.
TURTLE
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This is Turtle.
Miss posted here , Sorry .
TURTLE
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3rd eye wrote:

Depends on your state. I was waiting to testify in a different court and waited in the small claims court. One case was about a tree that feel into the plaintiffs yard and destroyed his shed and deck. The judge told him that the falling from natural cause of any tree in the state of Maryland was an act of God. The plaintiff tried to persist and the judge told him that the tree falling into his yard was God's way of telling him he needed fire wood more than he needed his deck and shed. The judge then dismissed the case with prejudice so that the plaintiff would have to successfully appeal the dismissal before he could bring the case in regular court. I have no way of knowing if the judge acted properly and even if he did it would only be representative of Maryland law. -- Tom
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Now if the tree was dead and you notified him in writing of its danger then the neighbor may possibly be responsible.
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You submit to your own homeowners insurance. Had a similar thing happen here.
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wrote:

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.
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wrote:

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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