Your Tree Falls on a Neighbor's Shed

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Do you;
1. Call your insurance agent and let them handle it.
2. Attempt a repair yourself.
3. Some combination of the above. Thanks.
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Talk to your neighbor? Tom Work at your leisure!
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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.
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And then after sawing up your neighbor's shed, then you ask him? And then you can do the job all over again.
--

Christopher A. Young
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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.
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0. Talk to the neighbor first before risking your insurance coverage/rates.
--
Chris Lewis, Una confibula non set est
It's not just anyone who gets a Starship Cruiser class named after them.
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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.

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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
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Tree's falling law varies by state. In rural states it is likely that there is no liability under common law and therefore no standard liability coverage built into homeowner's policy.
Art says...

may
If
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On Thu, 08 Jul 2004 00:04:15 GMT, "Art"

Common Law????????
When did any state abandon statutes for common law?
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On Thu, 08 Jul 2004 02:09:38 GMT, snipped-for-privacy@invalid.com wrote:

I'd like to know what a 'rural' state is? lol
Have a nice week...
Trent
What do you call a smart blonde? A golden retriever.
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You can bet that a farm state treats many falling tree, flowing water, and farm animal cases differently than a rustbelt state.
wrote:

there
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On Thu, 08 Jul 2004 02:35:53 GMT, "Art"

Here in New Jersey, the most densely populated state in the nation by far, the tree owner is in the clear. I think it's common law that unless you knowingly allowed the tree to deteriorate in some way, the tree falling is considered an act of god. Hanover insurance believes this to the tune of $4,000 in the case of my garage.

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If you think every ruling a judge makes is codified in a statute you don't know much about the legal system.
wrote:

there
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On Thu, 08 Jul 2004 02:09:38 GMT, snipped-for-privacy@invalid.com wrote:

Most statutes are based on common law. Virtually all rulings are based on case law. Case law often takes into account local custom in civil cases. And he's right, tree damage varies not only by state, but by jurisdiction. Besides, the OP never tells us *how* or *why* the tree fell. Could be it was undermined by local utility work, meaning neither neighbor may be at fault.
And it's still an insurance company call...
Jeff
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wrote:

Actually, at this point (according to the OP's query) we're simply talking about contractual law. The owner of the tree entered into a contract with his insurance company...to cover any damages he may cause to incur to someone else's property. Normally, there is a codicil excluding any act of God. So, we're assuming that the insurance company (normally) will not pay for the damages to the neighbor.
Common law will come into play if they ever get into court because of a lawsuit.
Have a nice week...
Trent
What do you call a smart blonde? A golden retriever.
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wrote:

there
Your logic is backwards. The neighbor doesn't care whether you have insurance or not. The issue is who is liable under the law applied to these facts in the jurisdiction. If you are not liable under the law the insurance company will not pay so there is no point in calling the insurance company. The question of liability depends on the jursidiction and the condition of the tree and other factors we don't know about.
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On Thu, 08 Jul 2004 18:37:31 GMT, "Art"
No its not. Common law doesn't come into play unless you wind up in court. You don't need any basis in law to bring suit against someone. The validity of the suit (common law, statute, etc.) is determined AFTER you get to court.
That's how common law is BORN...winning a suit which has no basis in law at the onset.

Exactly. The damages would be paid for by HIS insurance company. In the event he doesn't have any coverage, he might sue you...which is where lawful precedent would come into play...if there is any.

The insurance company of the guy who got hit is the one who is liable. If the insured elects not to enforce the terms of his contract, that's his prerogative.

Insurance companies OFTEN pay when they are not liable. You even state that fact in one of your other posts. Insurance companies OFTEN choose the least expensive venue...not the venue of who is liable.

Actually, if the guy who got hit has insurance...and decides not to tell his insurance company...I don't think that he CAN sue. I'm not an attorney...but I think by contract he has subrogated his rights to the insurance company. I think the only rights he MIGHT have at this point is for his deductible. Any damages are leveled to his insurance company...not to him. His limit of liability (his out of pocket money) would only be for the amount he would be forced to pay. And he would not be forced to pay for the damages...per his contract with the insurance company. He would only be liable for the deductible.
If he has no deductible...and he has insurance coverage...he would not be able to sue the neighbor.
Have a nice week...
Trent
What do you call a smart blonde? A golden retriever.
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wrote:

You don't appear to know what "common law" is if you think that this is the way it evolves!
You are doing a fine job of defining "Case Law" -and not common law.
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snipped-for-privacy@invalid.com wrote:

All of them. The Common Law is controlling unless preempted by specific statute.
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