by shadebro » Tue Apr 05, 2011 08:57 pm
The people living next door to me have had limbs falling out of a tree on their property for the last 2 years. The damages were only to their personal property. This year, the entire tree fell right on top of my 1995 Ford Explorer my husband and I was saving for our future lawn business. Do I have a claim against the property owner. They should have cut the tree down after the first falling branches but most definitely after the second
Posted: Fri Apr 08, 2011 09:30 am Post Subject:
I do empathize with you. The falling limbs definitely make us believe that the tree might fall if not maintained properly. The other party's being the owner doesn't prove their liability towards this damage. You have to prove that they were aware that the tree might fall some day. Every standard HO3 policy covers damages caused by falling objects. So, go ahead and file a claim with your HO policy.
Posted: Sat Apr 09, 2011 01:48 am Post Subject:
Your home insurance is not going to cover damage to your 1995 Ford Explorer. If you have comprehensive coverage for the Explorer in your auto insurance, you can place the claim with your auto insurer.
I doubt your neighbor is legally liable for their tree falling on your car -- maybe if they were aware it was likely to fall, and they did nothing to prevent it, they could be liable. It can't hurt to try to place a claim against your neighbor's insurance. Be sure to tell the insurance company your neighbor knew the tree was a hazard for two years while dead branches dropped off the tree.
Most likely, the claim will be denied, so don't be too hopeful.
Posted: Sat Apr 09, 2011 02:56 am Post Subject:
I doubt your neighbor is legally liable for their tree falling on your car
The people living next door to me have had limbs falling out of a tree
Your home insurance is not going to cover damage to your 1995 Ford Explorer
Do I have a claim against the property owner.
maybe if they were aware it was likely to fall, and they did nothing to prevent it
have had limbs falling out of a tree on their property for the last 2 years.
Posted: Sat Apr 09, 2011 04:22 am Post Subject:
Well said, even if you did not earn much for the post, tcope!
Posted: Tue Apr 12, 2011 11:49 am Post Subject:
Hi,
Of course you should claim for it. It is their duty to look whats happening in their property and if they did not care for it as you mentioned, then definitely you should go ahead with what you have decided.
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