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
That's how it works in NY State, anyway. . .
"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.
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
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
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.
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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