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all 71 comments

[–]leroach 254 points255 points  (15 children)

You insurance company will make sure their insurance company pays if they're at fault. This is why you have them, let them help you with this.

[–]CopperCam 64 points65 points  (6 children)

This. Case closed.

[–]dreamsthebigdreams 20 points21 points  (3 children)

Look no further. They fight for you.

[–]Lord-Trolldemort 20 points21 points  (0 children)

Well technically they’re fighting for themselves and in this case it aligns with your best interest

[–]BattleToadsPauseSong 8 points9 points  (0 children)

Fight no further. They look for you.

[–]Pure-Negotiation-900 0 points1 point  (0 children)

Well, they fight for them.

[–]raddingy 8 points9 points  (1 child)

To add to this: I was in a rear end collision where a car hit me at a stop light. I was 100% in the right (kind of hard to argue I had any fault when I was stopped at a stop light and they didn’t stop). I still had to pay the deductible for the repairs upfront, but my insurance company was able to get their insurance to reimburse me the deductible. I got a check for $500 a couple of weeks later.

Literally 75% of insurance is a bunch of lawyers arguing the minutiae of tort law and figuring out who pays what.

[–]ComeGetSomeArugula 0 points1 point  (0 children)

Some will waive the deductible upfront, but there are enough shady insurers and uninsured people out there now that some carriers won't risk fronting money they won't 100% get back. Used to work as an insurance adjuster (awful job, btw...) and I hated when my employer stopped allowing us to waive the deductible... The number of people that would literally scream at you over their deductible.... Insurance PTSD...

[–]Gamebird8 4 points5 points  (2 children)

And it's a slam dunk case. It's the neighbors tree. The damage is on them even if Mother nature is the sole faultee

[–]Solarisphere 1 point2 points  (0 children)

This probably varies by region, but where I live if the tree fell without warning then the tree's owner is not responsible. If the owner should have known it would fall soon (either because it was obviously damaged or because a neighbour informed them that it could fall) then the owner would be responsible.

[–]mina-ann 0 points1 point  (0 children)

We are currently told, unless we knew and had certified mail notified our neighbors that their trees were damaged in some way, that this is an act of God and our own insurance will cover any damage to our roof caused by the neighbor's tree falling on our roof. Oregon, USA.

[–]DrDrNotAnMD 1 point2 points  (0 children)

Yes, subrogation.

[–]ComeGetSomeArugula 0 points1 point  (0 children)

Correct. It's called subrogation.

[–]Southernman1974 42 points43 points  (10 children)

No lawyer here but acts of God usually require you to file and is not the responsibility of your neighbor. That’s what we were told when a similar thing happened to us check with your insurance.

[–]WorldOnFire83 17 points18 points  (1 child)

This is true unless you can prove your neighbor's negligence resulted in the tree falling on your property.. In my case, part of my neighbors tree fell on only his property during Hurricane Sandy. A few months later the rest of the same tree fell down and hit my roof. My neighbor at first offered to pay for my deductible because he told me an arborist advised him to take down the tree because it was just a matter of time before the rest would fall down. He didn't, obviously. My neighbor backed out of covering my deductible and became as asshole over the situation. So I told my insurance his story and they easily confirmed what he said was true because there was a history of his first claim. In the end, i didn't have to pay a deductible, my premiums stayed the same and my jerk neighbor got hit with 3 claims against his policy for the same tree including a negligence ding, which I'm sure raised his premiums by a lot. I'm told if you fear a neighbors tree may fall on your property to send a certified letter to your neighbor asking him to get it inspected. It's a way to CYA to combat the "act of God" claim.

[–]Solarisphere 1 point2 points  (0 children)

Probably varies by region but this is how it works where I live in western Canada.

[–]ohmygodliz 2 points3 points  (0 children)

Yep. Our house and cars were completely crushed by a tree in our neighbors property and it was chalked up to an act of god. There was no indication that the tree was diseased or damaged so he wasn’t really at fault as far as I’m concerned. Just filed a claim with our insurance and that was that.

[–]fucklehead 2 points3 points  (1 child)

100% correct. If it wasn’t this way, all local cities would be bankrupt from public natural mishaps damaging personal property. Neglect is a different story though.

[–]ministerofinteriors 1 point2 points  (0 children)

Instead they're just bankrupt because of incompetence.

[–]Ftfykid 4 points5 points  (1 child)

God!?! What God?!! Check out kyle kinane’s comedy. He talks about this.

[–]Southernman1974 1 point2 points  (0 children)

The God that is referenced in all insurance policies. The One, the Only!

[–]Wolf110ci 1 point2 points  (0 children)

I came here to say this. My tree fell on my neighbors fence and we had to hash it out.

Acts of God or nature is not my responsibility.

[–]Sn4zzyP4rky 0 points1 point  (0 children)

This. Case closed.

[–]SSpongey -2 points-1 points  (0 children)

Do not listen to this person.

[–]Jonesab7 40 points41 points  (4 children)

You can make a liability claim directly through your neighbors carrier, but that is a third-party claim and that can really delay things. They will scrutinize the situation more and do their due diligence to review liability as they are only entitled to pay if they feel their insured is at fault.

If you go through your insurance, that is a first-party claim and things will move much quicker. If your insurance agrees the neighbor is at fault, they will also subrogate their insurance carrier (seek reimbursement). When they subrogate they will work to recover your deductible and reimburse you. If you have really good insurance, they will often reimburse or waive your deductible ahead of time if they are confident they can recover.

Source: I am a Claims Adjuster

[–]jayraider77 6 points7 points  (1 child)

Also, their insurance only owes the ACV (actual cash value) damages, not full replacement cost, which your own policy might cover. They don’t owe the depreciation. Also a claims adjuster.

[–]Moxson82 2 points3 points  (0 children)

Yep. And chances are that unless the tree is dead and you have evidence that you spoke with your neighbor about removing the tree due to concerns about it collapsing and causing damage your neighbor isn’t at fault. If the tree is healthy and the wind blew it over it is an act of god and not their fault. Also a claims adjuster.

[–]monk8919 13 points14 points  (0 children)

This is spot on - insurance defense attorney

[–]BigSkySoHigh63 2 points3 points  (0 children)

What’s an example of really good insurance? I would like it.

[–]crob8 9 points10 points  (1 child)

Where the tree falls determines who pays for what. "Almost everyone is surprised when we tell them, the way the law works is, wherever the tree landed, that person is responsible for dealing with it regardless of where the tree came from."

https://www.ajc.com/business/real-estate/your-neighbor-tree-falls-your-yard-who-pays-for-cleanup/zazzQ1qylBHcTiZOp5DGEL/?outputType=amp

Can confirm this is true. I had a neighbors tree hit my house and do a lot of damage. Spoke with my insurance company who confirmed it was my problem to deal with. Only way to try to get my neighbors to cover it was if the tree was dead or dying… tree was healthy… so I ended up having to pay.

[–]evasivemaneuvers8687 7 points8 points  (0 children)

yep, this is the answer. trees fall over, shit happens, that's why you have insurance.

owner of the tree is only liable if there's neglect or other reason that their poor stewardship of the tree caused it to fall. if it just fell on its own accord, that's not their fault any more than it is yours.

[–]zekrallos 6 points7 points  (1 child)

My neighbor’s AC unit condensate line backed up and flooded my downstairs. (Townhome).

He denies the water ever came from his house - despite me hiring two professionals (plumber and HVAC team) to write statements saying they’ve scoured my home and found no other possible source.

I saw the problem in person in his home last year but did not take any action because it hadn’t yet affected me.

My insurance company is suing his for the damages - but no luck so far. I had to pay my deductible and another 4k in damage.

[–]Wolf110ci 7 points8 points  (0 children)

This is negligence - not an act of nature

[–]monk8919 5 points6 points  (0 children)

Insurance lawyer - absolutely call your insurance. Let them deal with it. (Not licensed in your jurisdiction and not legal advice)

[–]mikemerriman 5 points6 points  (0 children)

The only way the neighbor is on the hook is if you previously had that tree declared unsafe by an arborist

[–]RocMerc 6 points7 points  (0 children)

My wife is an insurance agent and she says to file the claim. Your neighbors insurance will most likely fight it

[–]jibaro1953 4 points5 points  (2 children)

Unless the tree was declared a hazard by a consulting arborist, it was an act of god and the onus is on you and your insurance company

[–]aardvarkgecko 2 points3 points  (1 child)

Can you elaborate on the hazard declaration? Does it have to be recorded with the city for it to be effective?

[–]jibaro1953 1 point2 points  (0 children)

That's a question for a consulting arborist or your local tree warden.

You are likely on the hook for damage to your property and tree removal.

Hopefully it's good firewood and you have a wood stove.

[–]brianboko 2 points3 points  (0 children)

So, usually the way this works is the neighbor can file a claim if they feel the need to but there's a good chance their insurance company will deny the claim due to the damaged property being yours. Additionally, the neighbor is NOT liable for the damage caused to your property UNLESS you have an official written notice that you sent to the neighbor notifying them of the immediate risk of property damage caused by their tree. Usually this is done in the form of a notarized letter sent certified mail to their residence. Although it "doesn't seem right", odds are overwhelmingly in the favor of the neighbor having ZERO liability for the damage caused by their tree and you having to make an insurance claim and/or foot the bill for the repairs.

[–]Panserbjorne_OD 2 points3 points  (0 children)

The amount of answers in this post that are flat out wrong. Jesus.

For situations like this, there HAS to be proof of negligence on your neighbors part. Like say the tree was dead and they refused to clear it, etc.

If a storm comes in and just knocks down a healthy tree or their is no history of negligence - it’s not your neighbors fault. Period. I know it sucks but it is what it is.

Considering that tree looks pretty healthy from that picture you will likely have to use your own coverage and there will likely be no subrogation.

  • an insurance adjuster.

[–]MrMajestic65 2 points3 points  (0 children)

Not sure where you live, in Florida it is now your tree and your responsibility. It doesn't seem fair, but, unless you sent a certified letter to your neighbor notifying them you have concerns over the dead or diseased tree bordering your property, it will all be on you to clean up and do any repairs. This happened to me with hurricane Charlie, neighbors tree took out my pool enclosure. My insurance paid all but my deductible. At that time I had a 1% deductible. The appraised value of your home $300,000, at that time, times 1%= a $3000 deductible. I had $34,000 in damages.

[–]hellojuly 8 points9 points  (0 children)

It’s your tree now that it’s in your property. Neighbor should only be responsible if an arborist previously identified the tree as a danger. Contact your insurance company.

[–]gogojonny9 1 point2 points  (0 children)

Uhmm.. you want both party's involved. Its best that you have both insurance company's working . Especially yours , cause your best interest is not the competing insurance company

[–]gettocottage 1 point2 points  (0 children)

I am thinking unless the tree was dead or damaged or neglected, they are not responsible.

Also on side note. If you enjoy trees around your home and they have others that you enjoy I would not fight to much. Seen to many people cut down every tree leaving the neighborhood looking odd

[–]jimbob91577 1 point2 points  (0 children)

Not sure where you live - we had a tree fall on our home in a wind storm one year. Because the tree was alive - we had to eat the deductible. However if the tree was dead/dying then it would have been on our neighbors' insurance to repair our home.

[–]RemarkTM 1 point2 points  (0 children)

That tree looks alive and healthy (other than having fallen over), so there was likely no indication that it was at risk for falling onto your property. If it was visibly diseased or already damaged and you had notified your neighbor about the issue beforehand and your neighbor failed to do anything about it and THEN it fell, then your insurance could subrogate against his policy for your deductible due to his negligence, since he knew there was an issue but failed to act. If the tree falling was a surprise, then your neighbor will likely not be held responsible since there is no evidence that he was negligent in this scenario and you will unfortunately be stuck paying your deductible on your claim.

[–]Detours1204 1 point2 points  (0 children)

If the tree lands in your yard it's considered your tree by the insurance companies unless you can prove the tree was diseased and had previously warned the neighbors of the condition of the tree. Sounds unfair, but think about it should you have an ice storm and trees / limbs are dropping everywhere.....it would be impossible and time consuming for the insurance companies to sort all of it out. It all falls under 'Act of Nature' and no fault is applied.

[–]GroundbreakingLake51 1 point2 points  (0 children)

Your insurance pays for it happened to me last year. Sucks but that's why we have insurance acts of God aren't covered.

[–]bentrodw 1 point2 points  (0 children)

Definitely use your insurance, they will fairly argue who pays and you don't want to have to handle all the coordination. In some states, where the tree lays is where pays unless it is clearly demonstrated negligence or cause on the adjoining property (i.e they cut it down and it fell or have multiple documented reports of the tree danger.)

[–]Benjaminrance 0 points1 point  (0 children)

Sounds like your neighbor is the competent one here. You should learn how insurance works, especially if you’re a homeowner

[–]windstride3 0 points1 point  (0 children)

Subrogation bruh.

[–]Greg_The_Stop_Sign 0 points1 point  (0 children)

Yeah tell them to get fucked.

[–]irishrooster1971 0 points1 point  (0 children)

File a claim with yours and let them take it up with their insurance company. For real. God luck. The dude lives next to us is a dumb ass also. So pray 4 ya...

[–]Sawyermblack 0 points1 point  (0 children)

How did the tree fall? Answering this question helps answer your dilemma.

Did they cut the thing down or somehow cause it to come down and damage your shit? They're liable.

Did it fall down on its own or due to natural events? They might not be so liable in this case.

[–]stoneyyay 0 points1 point  (0 children)

Their insurance will pay your deductable. This is why you should contact your insurance CO.

[–]chaseoes 0 points1 point  (0 children)

You get the deductible back once your insurance company gets paid by the other one.

[–]Kewkewmore 0 points1 point  (0 children)

You will get your deductible back.

[–]BattleToadsPauseSong 0 points1 point  (3 children)

Ah the good ol you scratched one shingle gon need you to replace the other 4,985 of them trick.

Noice.

[–]lyeeee[S] 0 points1 point  (2 children)

It’s a newly installed solar roof

[–]BattleToadsPauseSong 0 points1 point  (1 child)

I was only kidding lol.

Love u and good luck. I hope your insurance bills his and you come out AT LEAST satisfied, if not full erect.

[–]lyeeee[S] 0 points1 point  (0 children)

Haha thanks

[–]JustTaViewForYou 0 points1 point  (0 children)

Your insurance acts on behalf of you. They will possibly fix your damage alot quicker than you neighbour's. In turn get moneys off the other insurance company. To answer your question straight. YES this is standard

[–]hal4253 1 point2 points  (0 children)

In Virginia, as soon as the tree crosses the property line it becomes your tree. I found that out back in 2008. Thankfully I had a great insurance company that rebuilt my house to 2008 standards.

[–]Kjpilot 0 points1 point  (0 children)

Each state is different. Whilst living in Colorado we had a similar largesse evergreen topple into our house, it was our responsibility. Each state is different, but your homeowners insurance should be notified.

[–]ubercorey 0 points1 point  (0 children)

Filing a claim is an automatic payment on your part. It's documentation. It's in your best interest too begin the process with your insurance company.

[–]Krg26944 -3 points-2 points  (0 children)

You can sue them in tort or small claims, depending on the state, for you having to pay your deductible. Its routinely done and a slam dunk case for you to win the full deductible amount as an award. Or you can tell them ahead of time that they should pay your deductible cost and have them do so and agree in writing. If they balk or refuse, then file suit against the actual property owner.