tree falls/insurance woes
Thread Starter
I'm "Apache" a psycho dog
Joined: Jan 2001
Posts: 3,085
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From: N.J.
tree falls/insurance woes
So a neighbor's tree falls on my brother-inlaws lease car(not a vette)
his ins co says sorry not covered, act of god mother nature thing
(a storm knocked the tree down) the car is totalled. (BMW 735i.)
So does he sue the neighbors homeowners ins to payoff the lease liability turn in and remaining pymnt's?
Just curious to how it works in case i or anyone here would have a similar situation with a 'act of god' type claim with our vette's.
his ins co says sorry not covered, act of god mother nature thing
(a storm knocked the tree down) the car is totalled. (BMW 735i.)
So does he sue the neighbors homeowners ins to payoff the lease liability turn in and remaining pymnt's?
Just curious to how it works in case i or anyone here would have a similar situation with a 'act of god' type claim with our vette's.
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I would think the neighbors homeowners insurance should be liable. Act of God or not, that is why we pay these folks.
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Originally Posted by Rob 99
So a neighbor's tree falls on my brother-inlaws lease car(not a vette)
his ins co says sorry not covered, act of god mother nature thing
(a storm knocked the tree down) the car is totalled. (BMW 735i.)
So does he sue the neighbors homeowners ins to payoff the lease liability turn in and remaining pymnt's?
Just curious to how it works in case i or anyone here would have a similar situation with a 'act of god' type claim with our vette's.
his ins co says sorry not covered, act of god mother nature thing
(a storm knocked the tree down) the car is totalled. (BMW 735i.)
So does he sue the neighbors homeowners ins to payoff the lease liability turn in and remaining pymnt's?
Just curious to how it works in case i or anyone here would have a similar situation with a 'act of god' type claim with our vette's.
Depends on you ins coverage. Mine covers "acts of God" Contact your ins provider to see if you have coverage.
As for you BL's car. The home owners ins. from his neighbor's house should cover it...
Peace
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Burning Brakes
Joined: Jun 2006
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From: Placerville Ca
While it's true "acts of God" (flood, earthquake, etc.) are not insurable under standard forms. I assume when you stated "his insurance won't pay"... you are referencing your brother-in-laws Comp & Collision. I would re-read the comprehensive section as that's physical damage for when it's sitting still I'm very surprised if your telling me the auto carrier officially denied coverage.
More importantly, it is also true that negligence is what proves legal liability in court. Your neighbor was negligent in the proper maintainence of his tree overhanging your property. It's a slam dunk his homeowners Third Party Liability insurance will pay. Trees falling on stuff is about as common as it gets. It''s really a slam dunk if wind help blow down the tree. If he is reluctant to contact and notify his insurance company, sue him he'll come to Jesus real quick.
More importantly, it is also true that negligence is what proves legal liability in court. Your neighbor was negligent in the proper maintainence of his tree overhanging your property. It's a slam dunk his homeowners Third Party Liability insurance will pay. Trees falling on stuff is about as common as it gets. It''s really a slam dunk if wind help blow down the tree. If he is reluctant to contact and notify his insurance company, sue him he'll come to Jesus real quick.
Last edited by SultansDiamond; Sep 10, 2006 at 08:53 PM.
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Yes, I'd be contacting the neighbor so they can call their insurance company. Should be covered under the homeowners policy.
Racer
Joined: Nov 2004
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From: Ontario
As an insurance agent, that seems a little odd that it is not covered.
Although I am not sure what exactly the policy says, under comprehensive coverage here (Almost the same across the board, which is named perils coverage, fire, theft, falling object etc etc) this would be covered under the falling object peril.
I know we cover it here because it is something I have seen/dealt with before.
Although I am not sure what exactly the policy says, under comprehensive coverage here (Almost the same across the board, which is named perils coverage, fire, theft, falling object etc etc) this would be covered under the falling object peril.
I know we cover it here because it is something I have seen/dealt with before.
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From: Youngsville,LA,USA La
Hate to bust you guys bubble, but in a case of Act of God (Mother Nature) each individual insurance company is Liable for the individual coverage. I have experience both sides of the issue. Living here in Louisana with the pass few hurricanes
. If the nieghbor was outside with a chain saw, and it falls. He 100% liable.
. If the nieghbor was outside with a chain saw, and it falls. He 100% liable.
Thread Starter
I'm "Apache" a psycho dog
Joined: Jan 2001
Posts: 3,085
Likes: 31
From: N.J.
Thanks for all the reply's guy's im going to check my own policy for my vehicles about the 'falling object' part.
we were at a family gathering and he was talking about it in general,
i really didn't question him specifically on all the exact details, i will mention to him about the neighbors policy should be covering it, he wasn't really broke up about it either not like us if our vette was flattened
thanks again for the info.
we were at a family gathering and he was talking about it in general,
i really didn't question him specifically on all the exact details, i will mention to him about the neighbors policy should be covering it, he wasn't really broke up about it either
not like us if our vette was flattened thanks again for the info.
Intermediate
Joined: Jan 2005
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Your brother should file a formal claim with his insurance companies including his homeowners insurance. You have to prove that his nieghbor was negligent in not properly maintaining the tree and that is hard to do. There really is know way to predict when a tree will fall, in a storm, obviously, short of a broken trunk which isnt going to happen.
The insurance companies will battle it out like they always do.
The insurance companies will battle it out like they always do.
Burning Brakes
Joined: Jun 2006
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From: Placerville Ca
Originally Posted by navx
You have to prove that his nieghbor was negligent in not properly maintaining the tree and that is hard to do.
Why is that hard to do?
Tree was his responsibility.
Tree fell.
Any questions....
.
Le Mans Master
Joined: Mar 2006
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From: Arizona
Originally Posted by SultansDiamond
Your neighbor was negligent in the proper maintainence of his tree overhanging your property.
There was also no indication where the BMW was parked (driveway? street?) -- only that the tree fell on it.
More info needed.
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From: Charlotte, NC (formerly Endicott, NY)
I have been through this two times now. Both times the neighbor's trees blew over and landed on my house. Since both trees were in the same area of his yard they actually both landed on the same part of my house. They were both about 50 ft tall so had a long reach when they fell. Called the home owners insurance company (USAA) and they told me they would cover it and that the neighbor's policy would not cover it. The explanation was in the case of an act of God each person is responsible for their own property and insurance. Neighbor did check with his insurance since he didn't believe me and they confirmed what USAA told me. By the way they paid for the damage to the house both times but I had to pay to have the things cut up and hauled away. The neighbor split the cost with me since the trees were also laying on his property.
Bill
Bill
Racer
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From: Oh
I see we once again have an insurance claim issue and all the so called experts are coming out of the woodwork. The comprehensive coverage on the vehicle will pay for the damage to the vehicle. The homeowner is laible ONLY if he was negligent in causing the tree to fall down. It doesn't matter that he owns the tree. What matters is if he caused the tree to fall down. In cases of severe weather, when trees are falling all over town, the only person who is liable was crucified nearly 2,000 years ago. The only way the homeowner can be liable is if the tree was dead, he knew or should have had constructive notice it was dead, and that the next windstorm was going to topple it over. And even in this case, liability is a long shot.
If a tornado rips through town, picks up my car and it lands on your car, am I liable? Please use some common sense folks!!
If a tornado rips through town, picks up my car and it lands on your car, am I liable? Please use some common sense folks!!
Intermediate
Joined: Jan 2005
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Originally Posted by SultansDiamond
Why is that hard to do?
Tree was his responsibility.
Tree fell.
Any questions....
.
Tree was his responsibility.
Tree fell.
Any questions....
.
The due diligence is if tree didnt look like it would fall to the "reasonable person" than it isnt necessarily the tree owners fault.
If the tree was dead and cracked and it could be reasonably expected that the owner knew and he didnt deal with than he did fail the "due diligence" requirement. He was negligent and at fault, hence a property tort for real damages.
In this specific case the vehicle owner would have to prove the elements of tort specifically, property damage through the absence of due diligence. It aint going to happen.
Due deligince is the care that a reasonable person exercises under the circumstances to avoid harm to other persons or their property.
God can explain the other part to you.
I dont have any more questions, do you?
Drifting
Joined: Aug 2002
Posts: 1,299
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From: Stanwood Michigan
Originally Posted by Rob 99
So a neighbor's tree falls on my brother-inlaws lease car(not a vette)
his ins co says sorry not covered, act of god mother nature thing
(a storm knocked the tree down) the car is totalled. (BMW 735i.)
So does he sue the neighbors homeowners ins to payoff the lease liability turn in and remaining pymnt's?
Just curious to how it works in case i or anyone here would have a similar situation with a 'act of god' type claim with our vette's.
his ins co says sorry not covered, act of god mother nature thing
(a storm knocked the tree down) the car is totalled. (BMW 735i.)
So does he sue the neighbors homeowners ins to payoff the lease liability turn in and remaining pymnt's?
Just curious to how it works in case i or anyone here would have a similar situation with a 'act of god' type claim with our vette's.
All policies are not the same so have him read the comprehensive section of his auto policy as this should be where it is covered. Best of luck.
Drifting
Joined: Jan 2006
Posts: 1,849
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From: Philadelphia PA
Originally Posted by PeteTheGreek
I see we once again have an insurance claim issue and all the so called experts are coming out of the woodwork. The comprehensive coverage on the vehicle will pay for the damage to the vehicle. The homeowner is laible ONLY if he was negligent in causing the tree to fall down. It doesn't matter that he owns the tree. What matters is if he caused the tree to fall down. In cases of severe weather, when trees are falling all over town, the only person who is liable was crucified nearly 2,000 years ago. The only way the homeowner can be liable is if the tree was dead, he knew or should have had constructive notice it was dead, and that the next windstorm was going to topple it over. And even in this case, liability is a long shot.
If a tornado rips through town, picks up my car and it lands on your car, am I liable? Please use some common sense folks!!
If a tornado rips through town, picks up my car and it lands on your car, am I liable? Please use some common sense folks!!
