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As far as insurance goes, since they know the tree is in danger of coming down on your house, their insurance is now responsible for any damage they may do in the process of cutting the tree down or if the wind now blows the tree over. Just hang on to anything she may give you to sign and go take DATED pictures of the tree now.
Even if there is an issue, your insurance will cover it and then go after THEIR insurance. Just DO NOT SIGN ANYTHING.
I WOULD NOT count on EITHER insurance company paying up on this - dead tress have to come down - owner's responsibility. If damage occurs to your property you may have to sue the other party to get anything.... WHAT a hassle - get it taken down by someone with insurance - OHHH get a copy of the insurance and CALL to make sure it is still in effect - some people will LIE !!!!
Look at the other trees / have someone look at the other trees - it is not uncommon for other trees to be in bad shape. It will end up costing less to have all trees taken out (dangerous ones) than to call someone again to come take one out.... HURRY it is hurricane season !!!
I WOULD NOT count on EITHER insurance company paying up on this - dead tress have to come down - owner's responsibility. If damage occurs to your property you may have to sue the other party to get anything.... WHAT a hassle - get it taken down by someone with insurance - OHHH get a copy of the insurance and CALL to make sure it is still in effect - some people will LIE !!!!
Look at the other trees / have someone look at the other trees - it is not uncommon for other trees to be in bad shape. It will end up costing less to have all trees taken out (dangerous ones) than to call someone again to come take one out.... HURRY it is hurricane season !!!
If that tree comes down on their house/garage in the process of being felled to remove it-especially if the neighbors are doing the work themselves, the neighbors would be liable and the OP would be well within their rights to file a claim against the neighbor's insurance policy and it would pay out. Yes, dead trees have to be taken down but if something happens during that process, that is what insurance is for.
If that tree comes down on their house/garage in the process of being felled to remove it-especially if the neighbors are doing the work themselves, the neighbors would be liable and the OP would be well within their rights to file a claim against the neighbor's insurance policy and it would pay out. Yes, dead trees have to be taken down but if something happens during that process, that is what insurance is for.
NOT homeowner's insurance.... Is this tree still up OP ?????
Golfgal - I am not trying to be an A-hole but you are making these statemnets as if you are an attorney or insurance claims officer - Are you either.... If so good I have learned something new and it is contrary to most of the experienced people who have said otherwise... IF NOT you, as a MODERATOR, might want to disclose that you are not either and are not giving legal advice...
I really doubt that any homeowner's insurance policy is going to cover the antics of bubba and the boys taking down a tree....and the OP's homeowner's insurance may go after the neighbor but to what end. If they don't have money to hire a pro then they don't have money to pay a judgement.
I am not a lawyer or a claims rep, I had one very bad experience getting some trees taken out - my screen name may lead you to that. I finally at 5am one day sent off an email to everybody at the City of Forest Acres. It took that and some more proding to get them to force this neighbor to have DEAD trees taken down before they fell. In all those discussions, my understanding came to be that a DEAD tree is the homeowner's responsibility and not taking it down is NEGLIGENCE and if it fell and did damage his insurance would not cover anything... These trees were at least 70 feet tall and had been dead for YEARS.. They were clearly dead when the neighbor bought the house. See my first post ?
The homeowner is even responsible if he "could have / should have " known the tree was dead.
PS I just reread this thread and some links and it is clear as mud J Trent "your insurance company SHOULD cover ...." I just want to be proactive, and avoid having the BS hassle of having damage repaired - how do you fix DEAD I really would like to get that answer....
NOT homeowner's insurance.... Is this tree still up OP ?????
Golfgal - I am not trying to be an A-hole but you are making these statemnets as if you are an attorney or insurance claims officer - Are you either.... If so good I have learned something new and it is contrary to most of the experienced people who have said otherwise... IF NOT you, as a MODERATOR, might want to disclose that you are not either and are not giving legal advice...
I really doubt that any homeowner's insurance policy is going to cover the antics of bubba and the boys taking down a tree....and the OP's homeowner's insurance may go after the neighbor but to what end. If they don't have money to hire a pro then they don't have money to pay a judgement.
I am not a lawyer or a claims rep, I had one very bad experience getting some trees taken out - my screen name may lead you to that. I finally at 5am one day sent off an email to everybody at the City of Forest Acres. It took that and some more proding to get them to force this neighbor to have DEAD trees taken down before they fell. In all those discussions, my understanding came to be that a DEAD tree is the homeowner's responsibility and not taking it down is NEGLIGENCE and if it fell and did damage his insurance would not cover anything... These trees were at least 70 feet tall and had been dead for YEARS.. They were clearly dead when the neighbor bought the house. See my first post ?
The homeowner is even responsible if he "could have / should have " known the tree was dead.
Yes, I work in the insurance industry and yes, if the original poster's neighbor has some idiots come in and take down a tree and it falls on the OP's house, insurance WILL cover it. If it fell on HIS house, no, his insurance would not cover a dead tree that he KNEW was dead. If it fell on YOUR house due to his negligence, insurance WOULD cover the damage to YOUR house--or you could file a claim with your insurance company and they would duke it out with his insurance company. He would also most likely be dropped from his homeowners company like a hot potato too. Every situation is different and circumstances do vary but GENERALLY this is what would happen.
Yes, I work in the insurance industry and yes, if the original poster's neighbor has some idiots come in and take down a tree and it falls on the OP's house, insurance WILL cover it. If it fell on HIS house, no, his insurance would not cover a dead tree that he KNEW was dead. If it fell on YOUR house due to his negligence, insurance WOULD cover the damage to YOUR house--or you could file a claim with your insurance company and they would duke it out with his insurance company. He would also most likely be dropped from his homeowners company like a hot potato too. Every situation is different and circumstances do vary but GENERALLY this is what would happen.
Thanks !!!! Good to know. In my case the tree was going to take down my power line (again) and the cost to fix would have been about $1,000.. That is just the money not the aggrevation of getting someone to show up and fix it.. No electricity etc If the neighbors tree did damage to my house - who would pay my deductable - $500 I would prefer to invest that in wine, women and song
The other tree was a popular and at 75 feet - the way it was leaning would have taken out the upstairs bedroom of the elderly couple behind me... When a dead tree sits in water - the chances are good that it will come down from the ground level.. I used a range finder and marked off 70 feet determined the hypotenuse and calculated the height with the known distances... IT was a disaster waiting to happen..
Thanks again for the info
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