Your Tree Falls on a Neighbor's Shed

[Dave]

Do you;

1. Call your insurance agent and let them handle it.

1. Attempt a repair yourself.

2. Some combination of the above. Thanks.

[Tom]

Talk to your neighbor? Tom Work at your leisure!

[Doug Kanter]

First, inform the insurance agent. Next, if you REALLY feel you can do the repair properly without creating any further liabilities (like an incorrectly installed rain gutter falling down and slicing someone's throat, or worse, their prize rose bush. Then, talk with the neighbor and see what THEY would like to see happen. They may prefer a professional repair.

[flyer]

Depends on how expensive the shed and contents are and how much damage has been done.

Too many 'small claims' and your insurance rates are likely to go up. You might be better off working with your neighbor to perform any repairs or replacements. And a case of beer or other goodwill offering might help also.

On the other hand, if your neighbor is a real pr#ck you might end up doing these repairs yourself and he could still turn around and sue you. In that case you'll need the lawyers at your insurance company.

So, it all depends on your relationship with your neighbor and how much damage has been done.

[Chris Lewis]

According to Dave :

1. Talk to the neighbor first before risking your insurance coverage/rates.

[Art]

I would ask your company a hypothetical question about coverage. They may say it is your neighbor's problem and there is no coverage in your policy for the damage.

[Banty]

How about:

1. Talk to neighbor about it, as to how to settle it.

If I were your neighbor, unless you happen to be a carpenter or contractor of good repute and we have a decent relationship, I wouldn't want you fixing it. And maybe even in that case maybe I woudln't want you fixing it. I couldn't be sure of your knowledge or expertise, or even motivation to do more than a passable job on what after all isn't your shed. I'd want to get insurance, or you (through a claims court if necessary - hopefully not), to pay and I'd get bids on the work. Or do labor myself if *I* were confident about it, but I'd still want materials and possibly something for my labor, depending on the original condition and value of the shed.

So think of it from your neighbor's point of view, and be prepared for the neighbor to want to collect and get someone else to fix it. But start by talking to them.

Banty

[T.P.]

[Matty]

Did you cause the tree to fall(cutting, etc.)? If you had nothing to do with the tree falling over then the neighbor's insurance will be responsible for the damage.

My 2c,

Matty

[Dan Hartung]

Hmm. I think it depends on how well you and your neighbor get along. #1 is a problem, because many homeowners are finding that just a single claim (or even the suggestion of a hint of a threat of a possibility of a tentative exploration of a claim, e.g. calling the 800 line) can get them dropped.

If the damage is not too great ask your neighbor if you can make him whole without paperwork.

[Doug Kanter]

What a stupid reason to cut down a tree!

[avoidspam]

Based on his remarks, I would never allow him to act on my behalf in a case that required an insurance adjuster - perhaps he may not understand how the product he works with operate (;->

[Banty]

Even if it is a lot of damage, it's a case of reaching into one's pocketbook enough to fix the problem.

Banty

[Banty]

Uh - you're thinking of homeowner's insurance without liability coverage? If so (in every case I've seen that's so), indeed it is his problem; not the neighbor's.

Banty

[Union 134]

I had a tree fall on the neighbors deck called state farm they asked if I had done anything to the tree and when I said no they told me it was then an act of god and they would pay for the tree to be removed but the neighbor insurance would have to cover his loss .But if I had done anything to the tree they would then cover his lose and I would be on my own for my loss. Mark H.

[zxcvbob]

If the tree was healthy and you did nothing to cause the tree to fall, the neighbor should file an insurance claim with his own policy, not yours.

Depending on your relationship with the neighbor, you might offer to help remove the debris, or offer to pay his deductable.

Best regards, Bob

[m Ransley]

Trees fall it is not your responsibility, if it was dead that is another issue, no judge would find you responsible for a live tree. The insurance guy that cut the pecan tree would not be liable if it fell and was healthy. If its a friend talk to them , do what you feel best, not a friend dont bother , they have insurance. Your co wont pay for their shed. it is their problem. Dont claim if you dont need to , people get canceled.

[toller]

Unless you were somehow negligent (ignored that it was rotted out...) it is not your problem. Your neighbor should take it up with his insurance company.

If you have the skills and the time it would be very neighborly to do the repairs and save them the hassle, but it certainly is not necessary; that is why they have insurance.

[Phisherman]

Depends. My deductible is $1000 so if I could repair the damage for less than that, I would. If the neighbor is angry or won't agree to a repair, I'd call the insurance agent.

[Tom Miller]

None of the above. It's your neighbor's problem. Happened to me -- my neighbor's tree branch fell on my garage. But my insurance company paid for the repair. My neighbor was nice enough to split the deductible, although he was not obligated to do so.