insurance claim against neighbor

[greycharger]

I like to get along with my neighbors.
One had a tree with a dying branch that hung over my driveway. I asked to cut it and he said no. In a blizzard a month later, it fell crushing three of my cars. I could have legally cut anything over my land and he is a long time friend of the family, so I choked it down and moved on.

This thread is about my siding. For over a year, his 50 year old shingles were blowing off and would hit my house now and then. Annoying, that is until a huge storm blew off almost all of his shingles and beat the hell out of the west side of my house. I want to get along, but he has a party planned next month and I believe he called code enforcement about a front clip and such in my garden. We are complaint only system and they won't tell you who complained. Fair enough, I should have the clip and other things indoors for their own good.

So all of that to ask: We both have the same insurance company and I did call them on the tree incident; they said it was an act of God, but I could put a claim on my own policy. One car was a beater, another was a Scout and I had a replacement roof for it, so I just let it go.

I'm thinking my neighbor has a good point. I should take more pride in my home, so I want my siding fixed. Anyone have experience with this sort of thing? The more I can learn, the less chance of getting blindsided by the insurance company.

 

[Bill Monk]

Tough spot. I would call the insurance company with the claim. They will of course ask what happened, when you tell them the shingles were from your neighbors house it may open the door for you to mention that he has the same insurance and just let the chips fall where the may. It sounds like your neighbor is not very neighborly anyway so it's not like you are loosing a friend.

 

[68Moparmaniac]

Hindsight 20-20. Had the same sort of issue with a neighbor a while back in San Diego. Had a huge old Pepper tree playing hell with my chain-link fence, I repeatedly asked them to trim it back off the fence but got nowhere. Long story short I grabbed the Poulan chain saw and made short work of it one fine day. Cops came and after the usual story telling told the neighbor that I was entirely within my rights to do what I did. You can pick your friends but not family or neighbors... some people just don't want to get along. Insurance companies are a crap shoot, some good some not so much. Sounds like you need to toe the line with this neighbor and just try and get along as well as possible but when its time to don't hesitate to pull the trigger on a claim that is a result of the neighbor violating the codes of your community and causing collateral property damage. Good luck

 

[greycharger]

He says getting along is important to him, and when I proposed pouring a pad between our garages and my installing a car lift, he thought it was a good idea. We share the driveway 60/40. With my welder he borrowed and burned up from not following the duty cycle, he offered to buy a new one, but never did. Then when he needed to weld and I no longer had one, he bought himself a new one. He said I could borrow it, but I bought my own.
Luckily, I stripped the burned out machine and sold the parts I knew to be good, getting enough money to buy a like new one poorly advertised on eBay.

 

[Bill Monk]

He says getting along is important to him, and when I proposed pouring a pad between our garages and my installing a car lift, he thought it was a good idea. We share the driveway 60/40. With my welder he borrowed and burned up from not following the duty cycle, he offered to buy a new one, but never did. Then when he needed to weld and I no longer had one, he bought himself a new one. He said I could borrow it, but I bought my own.
Luckily, I stripped the burned out machine and sold the parts I knew to be good, getting enough money to buy a like new one poorly advertised on eBay.

His definition of getting along doesn't work for me. I would file the claim

 

[chtampa]

In Florida that would be covered under "Act of God". Even though the tree was on your neighbors property they are not responsible for what it does. I have had it happen before. Once the tree comes over into your yard is is not theirs anymore.

 

[mopar 3 B]

Being good neighbor goes both ways. What's good for one is good for the other. His shingles did the damage, he can pay.

 

[Cranky]

Don't know if someone has said this but you have every right to cut off anything that over hangs the property line. And are you talking about a front clip to a car?

 

[69a100]

I'm thinking my neighbor has a good point. I should take more pride in my home, so I want my siding fixed. Anyone have experience with this sort of thing? The more I can learn, the less chance of getting blindsided by the insurance company.

Wait, what? You mention that your neighbors house blows shingles into your house during a storm and a unsightly tree that he wouldn't trim, and then you say you should take better pride in your home? Why spend the money and put forth the effort into your home, when it sounds like he has a case of urban blight on his property that going to effect your property value! I must be missing something here or you don't explain it very well?

 

[mopar 3 B]

In Florida that would be covered under "Act of God". Even though the tree was on your neighbors property they are not responsible for what it does. I have had it happen before. Once the tree comes over into your yard is is not theirs anymore.

I have had that work both ways and still my insurance took care of their roof. The wind that can up and blow my properly notched tree could also be considered and act of god. The wind was not even blowing when I started cutting it down. I filled the claim and took care of the neighbors roof. That's what good neighbors do.

 

[pushrod]

I had a similar experience with my neighbor. We shared a driveway that was 97 percent on my property, it was okay with me but when I decided to tear it out and landscape he went off.
Long story short Glock became involved and now their house is for sale, thank God. I would have killed his *** if he said one more word.
I built a concrete barrier to never have that problem again.
The old adage" Fences make good neighbors" was never more true

 

[69 GTX]

My agent told me if the tree was dead they are responsible for it. I had a big one blow over last year. I was only responsible for damage to my property.

 

[Tim Chavez]

Not covered because it was”an act of god”?!?! WTF Is insurance for if it doesn’t cover wind damage? That sounds fishy... how does the insurance company justify that? Do they only cover damage that someone intended to happen? Or atleast a human had a hand in it???

 

[Beach Goat]

Any part of a tree that hangs over your property line, you can cut legally. Knock yourself out next time.

I try to stay on top of my gigantic crepe myrtles, but occasionally my neighbors will trim a branch that sticks out too far over their property. I don't mind one bit, it's one less branch I have to trim.

 

[Dennis H]

 

[greycharger]

Any part of a tree that hangs over your property line, you can cut legally. Knock yourself out next time.

One of those lessons learned the "hard way". Hopefully, this part of the thread will save someone who doesn't know...

 

[khryslerkid]

If you see a neighbors tree or limb that looks bad and could do damage to your property, you need to send them a letter stating so. Then when it does happen they have to pay.

If your tree or limb ends up on their property, causing damage and you didn't receive anything in writing to the fact, it's their problem. Without a written letter the insurance company uses the "Act of God" and you're on your own. Most deductibles are $500 then you have the claim that the insurance company can use to raise your rates.

Split the difference between you and your neighbor to have things fixed.

Being a good neighbor and having a good neighbor goes a long way. If either one of you are butt heads...

 

[ksurfer2]

I have a bit of experience with this due to my field of work. Those stating that any part of a tree overhanging your property is yours to trim it true....for the most part (I'll get to this in a minute). The same applies to roots....If your neighbors tree has roots that are damaging your drive way or house foundation, you can trim those as well (root pruning). Now for the exception...you cannot perform cuts to limbs or roots that will cause the tree to become damaged, unhealthy, or unstable. It is wise to consult with an arborist to get a professional opinion on how to best trim the tree to accomplish what is needed. Most municipalities have one on staff and offer this service for free.

Further, if you have a LIVE tree on your property and it is blown over in a storm or other weather event, and it causes damage you a neighbors property, you are not responsible. However, if that tree was dead, you will be responsible for the damage.

 

[chtampa]

Perhaps is it different by state.

 

[Crackedback]

A branch that is dead or dying is not an act of god... That's negligence to properly maintain the tree.