Question Regarding Storm Damage/Ins. Ask a Question Message Board

raabta01 · 07-09-12, 03:33 PM

Well we escaped the storm pretty much unharmed. We had power out for six day and during that time lived in my wife's grandmother's basement. At least we had power and were able to transfer/save the contents of our freezer!
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We did have one piece of damage. Our neighbors (seemingly healthy) tree fell onto our kids brand new playground! It was on the fence line and about 95% of his tree is now in our backyard.

The worst part; his insurance is saying they will ONLY cover the portion of the tree that is on his property and his fence!

The play set will cost $1000 to replace. My ins. deductable is $1000. So either way it's going to cost $1000. He has not offered to help out financially.

Do you guys feel that there is any moral obligation on his part to pay for at least a portion of the damage? I know if roles were reversed I'd feel responsible and want to rectify things as best I could. I've never had any problems with him before but I'm afraid this could make trouble.

What do you guys think??

2babygirls · 07-10-12, 12:32 PM

I'm surprised if the law is that his insurance company only has to pay for the part on his property. Does not seem equitable at all. I wonder if it is true or if his insurance co is just counting on you not following up?

I know you want to stay friendly with your neighbor but it was a brand new expensive playset so i'd probably try to get him to pay for it. Its different if it was only a few $100 for patio furniture or something.

Glad life wasn't completely miserable without electricity. Hope it doesn't happen again!

2babygirls · 07-10-12, 04:44 PM

Well shoot I googled it and it all said you are responsible for the tree on your side unless your neighbor was negligent because it happened by an act of nature.

raabta01 · 07-11-12, 03:26 PM

I'm not sure. My dad talked to a lawyer and he said the neighbor is liable and that we could sue him, keep in mind the guy is a lawyer and he sues people for a living! I don't know, I also have to live next door to this guy for a while, so I don't want to make this a bigger deal than is has to be.

MrsS1stbaby · 07-11-12, 10:25 PM

What your insurance agent said? I've had a friend deal with something like this, but it was so long ago I don't remember what they ended up doing. I remembering it being a big deal who was going to pay to have the tree removed- the person where the tree had been or the person where the tree had fallen? Sorry I can't remember any details!