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Buell Forum » Quick Board » Archive through July 02, 2020 » Advice/opinions please, as to a homeowner's claim... « Previous Next »

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86129squids
Posted on Wednesday, April 08, 2020 - 02:23 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Hey all- given that most here on BW are pretty fart smellers, help me out a bit. A week ago this past Sunday, my neighbor's tree attacked my house during a storm. Damaged roof, siding, gutters, shingles, landscaping, etc. The tree had been a worry for years, right on my property line, dying, been cut to ugliness around the power lines. My neighbor's tree. A giant branch crashed down this last December, I told him then it needed to come down. Didn't send a certified letter, but I have our text messages to prove it.

When he arrived later that day, first thing he said was "looks like I'm gonna owe you some money." We were <both> under the impression that it would be his policy that would cover the damage claim.

I've since been told by my adjuster that no, this claim is going to <my> policy. So I lose my $1000 deductible off the front end, and most likely my homeowner's rate will go up next year. WTF, over? My adjuster said that it's called an act of God or nature, and it's all on me, not my neighbor. Marcia says that's not right. A best buddy's mom who's retired from years in the insurance biz says that's not right, we should be talking subrogation here. My view is this: Sure, it was an act of God that his tree fell on my house, but why should I be penalized for it and my neighbor go scot free? I've not yet spoken with him to ask if he'd reimburse me the $1000, but I will soon. He doesn't have to if he doesn't want to though.

I'm out of work, no telling when I'll get to work again. I need that $1000 back. What say ye, my friends? Any and all advice will be greatly appreciated, thanks in advance.
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Ratbuell
Posted on Wednesday, April 08, 2020 - 02:37 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Worst case, get a police report on record. Think "auto accident". I believe you are correct, if it is his property (tree) that damaged your property (house), his insurance policy should handle it.

Call HIS insurance company, not yours. But have a police report on file to document ownership of the tree. Worst case, they'll call in Zoning to verify property line location.
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Shoggin
Posted on Wednesday, April 08, 2020 - 02:49 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Have HIM, call HIS ins company. You don't need to do anything unless he wants to fight doing that. Sounds like the neighbor realizes his culpability so you're good there.

Your homeowners Ins will cover you if he doesn't so you're good there too.

Making a claim on your homeowners SHOULD NOT get your rates raised, especially for something Act-of-God like that. They don't worry about a claim or even its amount. Insurance companies only care about clients with multiple claims often.
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86129squids
Posted on Wednesday, April 08, 2020 - 04:46 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Fun part- we're both on Farm Bureau, he said he had two "good friends" whom he'd contact. I waited until late morning the following Monday, no call from him or one of his "buddies". So I called it in myself. Up until the tree fell, he'd been an aisshole, when he showed up to watch the electrical folks fix things, he was nice. Got a running text tally since last year of our conversations, got one drafted now to shoot his way asking for my deductible to be reimbursed.

We shall see. Here lately I'm just looking forward to a rainy day and being bored.
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Hootowl
Posted on Wednesday, April 08, 2020 - 05:23 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Your adjuster is telling you the truth. Insurance companies have an understanding with each other. Acts of God, like a tree falling, are covered by the claimant’s insurance, not the owner of the tree. Just the way it is. If your neighbor feels responsible, ask him to pony up some money for the deductible.
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Zacks
Posted on Wednesday, April 08, 2020 - 05:42 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Similar thing happened to my nephew.
Neighbor's house has no insulation in the attic over the upstairs bathroom.
Huge ice dam/icicle fell on his car. Broke windshield, mirror, dented A pillar and front fender.
Got EXACTLY the same response from insurance you are seeing. Act of God, he had to pay.
Added wrinkle: it was rental. Now fight with tenants or landlord.
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86129squids
Posted on Wednesday, April 08, 2020 - 05:53 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I dearly appreciate the $.02 from each of you, quite valuable. I'll wait 'til tomorrow to contact him.
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Whisperstealth
Posted on Wednesday, April 08, 2020 - 06:16 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

>>>Your adjuster is telling you the truth. Insurance companies have an understanding with each other


That sounds like collusion to me. Collusion to over policy holders...
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Crusty
Posted on Wednesday, April 08, 2020 - 07:14 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

And you're surprised by this?
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Court
Posted on Wednesday, April 08, 2020 - 07:21 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

There is not an ounce of collusion and, I’d wager, reading the policy would explain things.

Should be fairly easy . . . Not fun, but not hard or complicated, to sort out.
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Hootowl
Posted on Wednesday, April 08, 2020 - 08:05 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Homeowner ins protects the property. It’s not like auto ins where there is fault.
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Pwnzor
Posted on Wednesday, April 08, 2020 - 09:48 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

What Hoot said.

Home owners insurance is for your own property. Deductible paid by your neighbor would be a luxury.

Your rates are going up.
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Ourdee
Posted on Wednesday, April 08, 2020 - 10:11 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I won't be filing a claim. Storm broke 10 fence posts tonight. I'll be replacing posts tomorrow.
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Hootowl
Posted on Wednesday, April 08, 2020 - 10:29 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

check out these post repair spikes. Might be worth it.

https://www.homedepot.com/p/Simpson-Strong-Tie-E-Z -Mender-12-Gauge-Black-Powder-Coated-Mender-Plate- for-4x4-Nominal-Wood-Post-FPBM44E/202563551
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Blake
Posted on Wednesday, April 08, 2020 - 11:44 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Brad,

That's the low here in Texas too. No fault, "Act of God." Everybody is responsible for their own property damage if a tree falls.

I had a very similar situation to yours. A year ago, we were hit with a fierce wind and the neighbor's 100' plus Sweetgum blew over; a branch managed to smash a hole in our roof and clip the corner taking gutters and fencing with it. But that tree appeared perfectly sound. It was only after it fell that the rot at the base became obvious. See photo below. It was a beautiful tall majestic tree, which is rare for a Sweetgum growing in a front yard.

Your situation may be different, since you might can allege negligence, although, laws are such in Texas that if a branch extends over your property, you have the right to cut it. So it may legally be your negligence.

So I can confirm the no-fault "Act of God" status for damage caused by trees is the policy in Texas. I actually shared that with my neighbor who offered to pay for the damage. He had the entire tree removed/cleaned-up including the top, which was all over the SW corner of my back yard. I enjoy such repair work, so I saved the $5,000 and repaired the roof myself. The branch shattered a good section of solid old-school 3/4" tongue-in-groove decking. No rafter or ceiling damage thankfully. I still have spare shingles left from when I put the roof on back in 1993. It s 30 year rated roof, well past it's prime, showing the scars from hail and tree branches. My motto is to replace no roof before its time. The house was built in 1968, and the 1993 roof replaced the original.

I digress.


Demise of Sweetgum with Darrell Looking On
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86129squids
Posted on Thursday, April 09, 2020 - 01:41 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Thanks Blake. Dang pretty dog to boot, almost as pretty as mine and Matthew's. (And all of youn's...)

Piss on the tree.

I am remiss in that I didn't send my neighbor a certified letter stating that the tree had become a hazard. I do have a text message record going back to December 01 2019 that proves it however.

No hurries, no worries. Still taking bids on the repairs, expecting more bad storms as I type this. Que sera, sera.
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Ted
Posted on Thursday, April 09, 2020 - 03:07 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

The reverse happened to me, where a tree on my property took out a couple tiles on the neighbors home. Guy hadnt deemed to talk to me before ,but of course comes over to say his insurer said mine needs to pay. Made sense to ignorant me, but insurer says no, while its my tree ,its his home thats damaged. I know he was not hurting for cash so i didnt offer to pay deductible plus his attempted deceit pee'd me off.
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