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Fallen tree
If your neighbors tree falls onto your property causing damage, who is responsible? Whose home owners do you go through?
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Posted 6/30/19 7:59 PM  |
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NervousNell
Just another chapter in life..
Member since 11/09 54921 total posts
Name:
..being a mommy and being a wife!
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Re: Fallen tree
If it's their tree your insurance will go after theirs. Just like if you get in a car accident that is 100% the fault of the other driver...your insurance pays you but they go after the other driver's insurance to get reimbursed
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| Posted 6/30/19 8:22 PM |
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alli3131
Peanut is here!!!!!!
Member since 5/09 18388 total posts
Name:
Allison
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Fallen tree
Your insurance pays. Unless. There was neglect on the neighbors part.
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| Posted 6/30/19 8:39 PM |
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LSP2005
Bunny kisses are so cute!
Member since 5/05 19458 total posts
Name:
L
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Re: Fallen tree
Posted by alli3131
Your insurance pays. Unless. There was neglect on the neighbors part.
this
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| Posted 6/30/19 9:30 PM |
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KarenK122
The Journey is the Destination
Member since 5/05 4431 total posts
Name:
Karen
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Fallen tree
Your insurance pays unless you can prove neglect on your neighbors part.
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| Posted 6/30/19 9:31 PM |
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TNT1005
LIF Adult
Member since 3/10 1110 total posts
Name:
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Re: Fallen tree
Regardless of whose tree it is. It depends on whose property is damaged. Whoevers fence, house, etc is damages is whose policy will pay.
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| Posted 6/30/19 9:57 PM |
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skew
LIF Adult
Member since 5/05 6794 total posts
Name:
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Re: Fallen tree
Prior to contacting your insurance company, I would speak to your neighbor. They may offer to pay or split the cost.
One of our trees fell into the neighbor's yard last week. I went to neighbor's house and said we would remove the tree and fix the fence. Neighbor said not to worry. Asked us to remove the tree and they will repair the fence. Mutual and inexpensive resolution.
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| Posted 7/1/19 8:47 AM |
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NervousNell
Just another chapter in life..
Member since 11/09 54921 total posts
Name:
..being a mommy and being a wife!
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Re: Fallen tree
My Father in Law had a neighbors tree fall on his fence during a storm. His insurance paid but they did tell him they went after the neighbors insurance to recoup some costs- but I believe the tree was in bad shape for a long time and the neighbors failed to get it taken care of.
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| Posted 7/1/19 8:50 AM |
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Re: Fallen tree
Posted by skew
Prior to contacting your insurance company, I would speak to your neighbor. They may offer to pay or split the cost.
One of our trees fell into the neighbor's yard last week. I went to neighbor's house and said we would remove the tree and fix the fence. Neighbor said not to worry. Asked us to remove the tree and they will repair the fence. Mutual and inexpensive resolution.
Were actually out of town right now-we originally thought it was just the tree and the fence, and were hoping to do something like you said.
However, we’re pretty sure we lost our shed, which was a fully built structure-not just one of th ones you get from Home Depot, and there’s a good chance the tree damaged our sprinkler system as well-it gauged 12-14 inches deep in some spots.
The part of the tree that fell is probably 5-6 feet in diameter and about 40 feet long.
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| Posted 7/1/19 9:20 AM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Fallen tree
Posted by mommywantsababy
Posted by skew
Prior to contacting your insurance company, I would speak to your neighbor. They may offer to pay or split the cost.
One of our trees fell into the neighbor's yard last week. I went to neighbor's house and said we would remove the tree and fix the fence. Neighbor said not to worry. Asked us to remove the tree and they will repair the fence. Mutual and inexpensive resolution.
Were actually out of town right now-we originally thought it was just the tree and the fence, and were hoping to do something like you said.
However, we’re pretty sure we lost our shed, which was a fully built structure-not just one of th ones you get from Home Depot, and there’s a good chance the tree damaged our sprinkler system as well-it gauged 12-14 inches deep in some spots.
The part of the tree that fell is probably 5-6 feet in diameter and about 40 feet long.
I am not sure why a neighbor would offer to pay anything in this situation. Fallen trees are covered by homeowners insurance and the property that gets damaged is the property who has to provide the insurance.
If a neighbor approached me with this I would tell them that I am not paying anything out of pocket for this as that is what insurance is for. I would tell the person that they should go through their insurance and if their insurance wants to pursue mine (as the neighbor) they are welcome to make an inquiry.
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| Posted 7/1/19 10:08 AM |
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NervousNell
Just another chapter in life..
Member since 11/09 54921 total posts
Name:
..being a mommy and being a wife!
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Re: Fallen tree
Posted by ave1024
Posted by mommywantsababy
Posted by skew
Prior to contacting your insurance company, I would speak to your neighbor. They may offer to pay or split the cost.
One of our trees fell into the neighbor's yard last week. I went to neighbor's house and said we would remove the tree and fix the fence. Neighbor said not to worry. Asked us to remove the tree and they will repair the fence. Mutual and inexpensive resolution.
Were actually out of town right now-we originally thought it was just the tree and the fence, and were hoping to do something like you said.
However, we’re pretty sure we lost our shed, which was a fully built structure-not just one of th ones you get from Home Depot, and there’s a good chance the tree damaged our sprinkler system as well-it gauged 12-14 inches deep in some spots.
The part of the tree that fell is probably 5-6 feet in diameter and about 40 feet long.
I am not sure why a neighbor would offer to pay anything in this situation. Fallen trees are covered by homeowners insurance and the property that gets damaged is the property who has to provide the insurance.
If a neighbor approached me with this I would tell them that I am not paying anything out of pocket for this as that is what insurance is for. I would tell the person that they should go through their insurance and if their insurance wants to pursue mine (as the neighbor) they are welcome to make an inquiry.
True. Nobody should be paying out of pocket for an act of nature.
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| Posted 7/1/19 10:14 AM |
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NYCGirl80
I love my kiddies!
Member since 5/11 10413 total posts
Name:
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Re: Fallen tree
Your homeowner's policy will cover it.
The only way your neighbors will cover is if you can PROVE that the tree was 1) unhealthy and 2) you notified the neighbor that the tree was at risk of falling due to (1).
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| Posted 7/1/19 10:14 AM |
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NervousNell
Just another chapter in life..
Member since 11/09 54921 total posts
Name:
..being a mommy and being a wife!
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Re: Fallen tree
Posted by NYCGirl80
Your homeowner's policy will cover it.
The only way your neighbors will cover is if you can PROVE that the tree was 1) unhealthy and 2) you notified the neighbor that the tree was at risk of falling due to (1).
We have this exact situation right now. Our neighbors tree is actually dead. Like DEAD. And it's about to fall on our fence and shed.
He does NOTHING about it.
I need to take some pictures before it falls because I will definitely have a case.
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| Posted 7/1/19 10:21 AM |
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LSP2005
Bunny kisses are so cute!
Member since 5/05 19458 total posts
Name:
L
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Re: Fallen tree
Posted by NervousNell
Posted by NYCGirl80
Your homeowner's policy will cover it.
The only way your neighbors will cover is if you can PROVE that the tree was 1) unhealthy and 2) you notified the neighbor that the tree was at risk of falling due to (1).
We have this exact situation right now. Our neighbors tree is actually dead. Like DEAD. And it's about to fall on our fence and shed.
He does NOTHING about it.
I need to take some pictures before it falls because I will definitely have a case.
You need to send a certified letter to the neighbor.
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| Posted 7/1/19 10:25 AM |
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NervousNell
Just another chapter in life..
Member since 11/09 54921 total posts
Name:
..being a mommy and being a wife!
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Re: Fallen tree
Posted by LSP2005
Posted by NervousNell
Posted by NYCGirl80
Your homeowner's policy will cover it.
The only way your neighbors will cover is if you can PROVE that the tree was 1) unhealthy and 2) you notified the neighbor that the tree was at risk of falling due to (1).
We have this exact situation right now. Our neighbors tree is actually dead. Like DEAD. And it's about to fall on our fence and shed.
He does NOTHING about it.
I need to take some pictures before it falls because I will definitely have a case.
You need to send a certified letter to the neighbor.
I'm glad I read this thread. I had no idea.
Thank you!
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| Posted 7/1/19 10:39 AM |
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Re: Fallen tree
Posted by ave1024
Posted by mommywantsababy
Posted by skew
Prior to contacting your insurance company, I would speak to your neighbor. They may offer to pay or split the cost.
One of our trees fell into the neighbor's yard last week. I went to neighbor's house and said we would remove the tree and fix the fence. Neighbor said not to worry. Asked us to remove the tree and they will repair the fence. Mutual and inexpensive resolution.
Were actually out of town right now-we originally thought it was just the tree and the fence, and were hoping to do something like you said.
However, we’re pretty sure we lost our shed, which was a fully built structure-not just one of th ones you get from Home Depot, and there’s a good chance the tree damaged our sprinkler system as well-it gauged 12-14 inches deep in some spots.
The part of the tree that fell is probably 5-6 feet in diameter and about 40 feet long.
I am not sure why a neighbor would offer to pay anything in this situation. Fallen trees are covered by homeowners insurance and the property that gets damaged is the property who has to provide the insurance.
If a neighbor approached me with this I would tell them that I am not paying anything out of pocket for this as that is what insurance is for. I would tell the person that they should go through their insurance and if their insurance wants to pursue mine (as the neighbor) they are welcome to make an inquiry.
I think splitting the cost was a thought bc we get along incredibly well with our neighbors. I know she feels awful this happened-it involved three different property lots. But it will all work out-I care more about the relationship than I do the damage.
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| Posted 7/1/19 11:22 AM |
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NYCGirl80
I love my kiddies!
Member since 5/11 10413 total posts
Name:
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Re: Fallen tree
Posted by NervousNell
Posted by LSP2005
Posted by NervousNell
Posted by NYCGirl80
Your homeowner's policy will cover it.
The only way your neighbors will cover is if you can PROVE that the tree was 1) unhealthy and 2) you notified the neighbor that the tree was at risk of falling due to (1).
We have this exact situation right now. Our neighbors tree is actually dead. Like DEAD. And it's about to fall on our fence and shed.
He does NOTHING about it.
I need to take some pictures before it falls because I will definitely have a case.
You need to send a certified letter to the neighbor.
I'm glad I read this thread. I had no idea.
Thank you!
Yes, certified letter, return receipt requested. You need proof they got the letter.
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| Posted 7/1/19 2:21 PM |
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skew
LIF Adult
Member since 5/05 6794 total posts
Name:
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Re: Fallen tree
Posted by mommywantsababy
Posted by skew
Prior to contacting your insurance company, I would speak to your neighbor. They may offer to pay or split the cost.
One of our trees fell into the neighbor's yard last week. I went to neighbor's house and said we would remove the tree and fix the fence. Neighbor said not to worry. Asked us to remove the tree and they will repair the fence. Mutual and inexpensive resolution.
Were actually out of town right now-we originally thought it was just the tree and the fence, and were hoping to do something like you said.
However, we’re pretty sure we lost our shed, which was a fully built structure-not just one of th ones you get from Home Depot, and there’s a good chance the tree damaged our sprinkler system as well-it gauged 12-14 inches deep in some spots.
The part of the tree that fell is probably 5-6 feet in diameter and about 40 feet long.
You obviously have significant damage. The damage caused to my neighbor's yard from our fallen tree was minimal. My landscapers removed the tree from their yard and repaired the fence. Less than an hour of work and they didn't charge me.
Several years ago, a different neighbor's tree fell into our yard, damaged the fence and pool cover. We were out of town at the time. The neighbor contacted us, asked if we wanted them to send pics and for us to get quotes for the repairs and send them the bill. Repairs were less than their deductible so they paid us out of pocket.
From reading the replies on the thread, I guess this is not common practice with many. Whether common or not, I feel the moral and neighborly route is for the owner of the tree to incur some of the damage repair costs. I cannot imagine telling a neighbor or being told by a neighbor, "sorry, your property, your problem."
Message edited 7/3/2019 7:21:45 AM.
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| Posted 7/2/19 5:33 PM |
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