Someone told me my insurance company will send out a surveyor who will look at the damage & send my neighbor a letter regarding the damage he can then turn into his insurance company. Does it really work that way? His tree has caused lots of damage. I said something to him about it, but he has never bothered to
Someone told me my insurance company will send out a surveyor who will look at the damage & send my neighbor a letter regarding the damage he can then turn into his insurance company. Does it really work that way? His tree has caused lots of damage. I said something to him about it, but he has never bothered to say anything back to me about what he plans to do or not do about it.
I never asked this question before. Elaine is a pain & thinks she knows me. I'm sure this isn't the first question ever asked about tree damage. Elaine is insane!
Gatsby216: In general for a situation that does not involve neglect or negligence, the property owner with the damaged property files the claim with their insurance company. If they feel there is a reason, your insurance company will contact the property owner.
So if a tree falls from property A and causes damage to property B, the owner of property B files a claim.
As interesting side note, I had a neighbors tree that was rotten/half dead, I had asked them to cut it down, but they never got around to it. I did take some pictures and a had a copy of a note I had left them to look at the rotting tree for removal. During a an inspection for something else on my property, a building inspector noticed the bad tree, I was not even home and never mentioned it to the city, The city ordered them to get it cut down.
Whether you're an invitee or a licensee, you still have a right to feel safe while on a homeowner's property. The law requires a homeowner to exercise ordinary care towards all guests. The courts define ordinary care to mean the homeowner must do everything reasonably possible to protect guests from dangerous acts, omissions or conditions that could lead to injury.
No, it doesn't work this way. No one can turn in a claim your neighbor's insurance, except your neighbor. You can file the claim for damage to your fence under your homeowners policy. The sidewalk isn't covered.
You are responsible for maintaining your property. This means keeping trees that "enter" your property maintained so this kind of damage does not occur. You can legally cut any roots or limbs that enter your property. If you didn't and damage was caused, that's on you.
Insurance if for sudden events, not general maintenance.
Since you have nothing in writing, nor a professional evaluation of the tree, negligence wont apply.
Any damage to your property is on you, you can report to your company accordingly. Your neighbor is not liable for your damage in this case.
You don't insure trees. You insure fences. You call your insurance company and file a claim on your insurance company. If you have certified letters with receipt proving you've notified him, that'd be different.
Research your state's laws on neighbors' trees. Different states have different laws and views on liability.
You've asked this question before and got good legal answers on it.