Need Help: My neighbor's tree fell on my car. What to do?
02-18-2011, 04:24 PM
#1
Need Help: My neighbor's tree fell on my car. What to do?
So there was a really bad snowstorm last night. I'm out of power and internet for a few days. So a few of my neighbor's trees fell. One cause my tree to fall on my house roof and one of his trees landed on my car, damaging both fenders, the bumper, and smashing the windshield. I have only liability insurance on my car so that won't work (through geico). I talked to him and he said "it's an act of God" and that he "is not liable." My insurance agent said to ask him about splitting costs if he's nice or ask for his home insurance info which he can refuse to give. I can go to small claims as well since I took lots of pictures showing everything.
Can you guys help me out? I don't know what to do and don't have that kind of money to fix my car.
and on the side note, is anyone selling some used body parts? Color doesn't matter. I have an 07 sedan.
TIA
Can you guys help me out? I don't know what to do and don't have that kind of money to fix my car.
and on the side note, is anyone selling some used body parts? Color doesn't matter. I have an 07 sedan.
TIA
02-18-2011, 04:39 PM
#3
http://www.dearesq.com/my-neighbors-...e-for-damages/
If the tree belongs to your neighbor and it was on his property, damage caused by it is probably covered under his homeowner’s policy. However, as a practical matter you need to consider that the deductible under a homeowner’s policy is usually much higher than on a car policy. Depending on how much damage was done to your car, your neighbor might be better off paying out of pocket rather than having a claim on his homeowner’s policy that he has to pay most of anyway. You might want to talk to your neighbor first and see whether he wants to submit this to his insurance company or handle it himself.
02-18-2011, 04:43 PM
#4
DISCLAIMER: Nothing in this post/reply constitutes legal advice, and no attorney-client relationship has been formed as a result of this post/reply.
Generally, I don't think insurance policies (auto or home) cover acts of god. Therefore, it's doubtful that his homeowner's insurance would cover the damage. So, you're only recourse is to sue him for negligence (probably in small claims court). In order to prove negligence, you will need to show that the neighbor knew or should have known that the condition of the tree constituted a forseeable hazard and that he had a duty to eliminate the hazard. The issue will be whether or not your neighbor was on notice that the tree was in a condition such that it posed a risk to persons and other property.
The best way to prove that your neighbor knew of the hazard is to show that you or someone else earlier recognized and documented the hazard with photos and warned your neighbor in writing of the hazard. At that point, his ignoring the warning could be negligent. Or, maybe, the lack of bark and limbs would put a reasonable person on notice of this, but maybe not.
I'm guessing none of this happened, which makes winning a case difficult, if not impossible.
At this point, if you're on good terms with your neighbor, you might see if he'd be willing to split the difference with you. Otherwise, you might be SOL.
DISCLAIMER: Nothing in this post/reply constitutes legal advice, and no attorney-client relationship has been formed as a result of this post/reply.
Generally, I don't think insurance policies (auto or home) cover acts of god. Therefore, it's doubtful that his homeowner's insurance would cover the damage. So, you're only recourse is to sue him for negligence (probably in small claims court). In order to prove negligence, you will need to show that the neighbor knew or should have known that the condition of the tree constituted a forseeable hazard and that he had a duty to eliminate the hazard. The issue will be whether or not your neighbor was on notice that the tree was in a condition such that it posed a risk to persons and other property.
The best way to prove that your neighbor knew of the hazard is to show that you or someone else earlier recognized and documented the hazard with photos and warned your neighbor in writing of the hazard. At that point, his ignoring the warning could be negligent. Or, maybe, the lack of bark and limbs would put a reasonable person on notice of this, but maybe not.
I'm guessing none of this happened, which makes winning a case difficult, if not impossible.
At this point, if you're on good terms with your neighbor, you might see if he'd be willing to split the difference with you. Otherwise, you might be SOL.
DISCLAIMER: Nothing in this post/reply constitutes legal advice, and no attorney-client relationship has been formed as a result of this post/reply.
02-18-2011, 04:50 PM
#5
Here's one fighting for the other side from a different website:
http://www.financialcrisis2009.org/f...und-210897.htm
Summary from this article says that if the tree was unsound (rotting, etc), and the homeowner was negligent by not removing the tree or the rotting branches, then that home owner would have to be responsible.
If the tree is a sound living tree with green leaves, they were not negligent, and can claim "act of GOD"
http://www.financialcrisis2009.org/f...und-210897.htm
Summary from this article says that if the tree was unsound (rotting, etc), and the homeowner was negligent by not removing the tree or the rotting branches, then that home owner would have to be responsible.
If the tree is a sound living tree with green leaves, they were not negligent, and can claim "act of GOD"
02-18-2011, 04:52 PM
#6
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DISCLAIMER: Nothing in this post/reply constitutes legal advice, and no attorney-client relationship has been formed as a result of this post/reply.
Generally, I don't think insurance policies (auto or home) cover acts of god. Therefore, it's doubtful that his homeowner's insurance would cover the damage. So, you're only recourse is to sue him for negligence (probably in small claims court). In order to prove negligence, you will need to show that the neighbor knew or should have known that the condition of the tree constituted a forseeable hazard and that he had a duty to eliminate the hazard. The issue will be whether or not your neighbor was on notice that the tree was in a condition such that it posed a risk to persons and other property.
The best way to prove that your neighbor knew of the hazard is to show that you or someone else earlier recognized and documented the hazard with photos and warned your neighbor in writing of the hazard. At that point, his ignoring the warning could be negligent. Or, maybe, the lack of bark and limbs would put a reasonable person on notice of this, but maybe not.
I'm guessing none of this happened, which makes winning a case difficult, if not impossible.
At this point, if you're on good terms with your neighbor, you might see if he'd be willing to split the difference with you. Otherwise, you might be SOL.
DISCLAIMER: Nothing in this post/reply constitutes legal advice, and no attorney-client relationship has been formed as a result of this post/reply.
Generally, I don't think insurance policies (auto or home) cover acts of god. Therefore, it's doubtful that his homeowner's insurance would cover the damage. So, you're only recourse is to sue him for negligence (probably in small claims court). In order to prove negligence, you will need to show that the neighbor knew or should have known that the condition of the tree constituted a forseeable hazard and that he had a duty to eliminate the hazard. The issue will be whether or not your neighbor was on notice that the tree was in a condition such that it posed a risk to persons and other property.
The best way to prove that your neighbor knew of the hazard is to show that you or someone else earlier recognized and documented the hazard with photos and warned your neighbor in writing of the hazard. At that point, his ignoring the warning could be negligent. Or, maybe, the lack of bark and limbs would put a reasonable person on notice of this, but maybe not.
I'm guessing none of this happened, which makes winning a case difficult, if not impossible.
At this point, if you're on good terms with your neighbor, you might see if he'd be willing to split the difference with you. Otherwise, you might be SOL.
DISCLAIMER: Nothing in this post/reply constitutes legal advice, and no attorney-client relationship has been formed as a result of this post/reply.
I was thinking the same thing though. Unless he knew of any problems or hazards the tree potentially had, I don't think there's much you can do.
02-18-2011, 04:54 PM
#7
might have to...
take this one up the A$$.... Like above said... You'll be investing too much time, chasing a settlement you probably wont get... THat and you'll be on bad terms with your neighbor... and you really wouldn;t want that.
02-18-2011, 04:59 PM
#8
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What to do:
1. Seek legal advice if at all possible, even if this is just an hour's time with a lawyer to explain the details.
2. Be prepared to cover all of your own costs/expenses yourself and see anything you may possibly get out of this as a bonus.
In short, you will most likely have to simply pay out of pocket to correct these issues and repair your car.
1. Seek legal advice if at all possible, even if this is just an hour's time with a lawyer to explain the details.
2. Be prepared to cover all of your own costs/expenses yourself and see anything you may possibly get out of this as a bonus.
In short, you will most likely have to simply pay out of pocket to correct these issues and repair your car.
02-18-2011, 06:35 PM
#10
Thanks for the replies guys. I'm not looking for the exact answer here, just some tips on what my options could be.
So I already never liked this guy. He's a rich ******* *****. My home insurance agent said to ask him nicely about splitting the cost with me, then if that doesn't work, get his insurance info, which I doubt he will divulge to me, and lastly take him to small claims court which I think would maybe be a 50/50 on a win since I have lots of pictures showing what happened. I will also contact a lawyer friend of mine to see what he says. I really don't like the guy so I don't care if I take him to court. I'm already going to go ahead and do all the repairs and try to get some money back once its all done. Just hoping for the best because this is money that needs to go to other more important things like surviving and college.
Anyways, today sucks. Still no power and I just heard it's snowing at my house again, and my car is undriveable atm.
So I already never liked this guy. He's a rich ******* *****. My home insurance agent said to ask him nicely about splitting the cost with me, then if that doesn't work, get his insurance info, which I doubt he will divulge to me, and lastly take him to small claims court which I think would maybe be a 50/50 on a win since I have lots of pictures showing what happened. I will also contact a lawyer friend of mine to see what he says. I really don't like the guy so I don't care if I take him to court. I'm already going to go ahead and do all the repairs and try to get some money back once its all done. Just hoping for the best because this is money that needs to go to other more important things like surviving and college.
Anyways, today sucks. Still no power and I just heard it's snowing at my house again, and my car is undriveable atm.
02-18-2011, 07:50 PM
#11
He only has liability.
Snowflow, that sucks to hear. How much $$ do you think it's going to cost to repair? I know if one of my trees fell on someones car, I'd feel like I owed them something. If he would at least split it with you, that would be better than nothing.
Snowflow, that sucks to hear. How much $$ do you think it's going to cost to repair? I know if one of my trees fell on someones car, I'd feel like I owed them something. If he would at least split it with you, that would be better than nothing.
02-18-2011, 08:02 PM
#12
Thanks man. I'm hoping I can guilt him into splitting it. Hopefully it won't cost much. There's a guy on here who's been wanting to sell an 04 front end which I like. What do you guys think about swapping front ends on an 07? would it make it harder to sell? also I've been itching to paint it a dark grey, like the evo dark grey or custom color, but I can save A LOT of money by just doing the outside paint and not the door jams. Should I invest into getting the full job done in the new color? Or should I get it wrb since it will be cheaper and it will be consistent with the door jams? I would like to sell the car soon to get someting less aggressive and hard to DD.
02-18-2011, 08:28 PM
#13
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I would go with the same color. Sorry to hear about your car. I think the 04 front would be pretty sick. Can't give you any advice on the tree situation, maybe apply for a **** load of scholarships to help pay for college to save money, maybe a student loan or ANOTHER student loan to help out? Just throwing some ideas out there. Good luck!
02-18-2011, 08:37 PM
#14
Thanks! ^^ I'm really stuck on what color to get painted now.
I found a new bumper for $200 shipped and a mirror for $50. I'm hoping the fenders can be salvaged and fixed and the hood can probably be fixed to. So not too bad. Just want to decide a color now.
I found a new bumper for $200 shipped and a mirror for $50. I'm hoping the fenders can be salvaged and fixed and the hood can probably be fixed to. So not too bad. Just want to decide a color now.
02-18-2011, 08:41 PM
#15
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Well, I think you should paint it a custom color but get the jams done, It just doesn't looked finished without the jams and it IS VERY noticeable when something is open. If you don't want to spend the money stick to the blue. Just my $0.02. Hope it all works out. If your neighbor is a dick you could just lift that same tree with a rented crane, drop it on his car and say it was an act of god. and shrug your shoulders and walk away.