Help! Neighbors HUGE tree fell into our yard! Who's liable for clean up? (living in, lawsuits)

[Goodjules]

Originally Posted by Kippy

Be sure that you have good liability and medical on your homeowners policy before strangers start showing up and using a chainsaw on your property.

My thoughts exactly.

FYI: I had a pretty big claim on my homeowner's policy years ago and our rates didn't go up. That's not to say the same will happen to you. As far as the deductible and what they'll pay, I've been given a check from the insurance company for whatever they'll cover after the deductible and spent it as I chose. So they may cut you a check for $1000 for the fence, but you could use it to pay for hauling the tree or whatever...

Ask questions. I'm surprised they didn't send an adjuster out to assess damages.

[LittleDolphin]

We're lucky. Our neighbor's big pine fell into our yard during a hurricane. No damage to our fence and it just missed our shed.

The neighbor and my husband rented a chainsaw and cut it up together...and four of us hauled the chunks to the street for the town to pick up. It was a pine tree, so no value in the wood.

The neighbors were under no legal obligation to help get rid of the tree in our yard but were nice enough to offer to help. Your neighbors are avoiding you? Not nice neighbors, in my view...what goes around, comes around. Next time, maybe a tree will fall into their yard from your property and I guess you'll not feel too neighborly either...

[Hemlock140]

We have been through this too, and I agree, anything on your property is your responsibility even if it's their tree. Unless you can prove that there was negligence, that they knew the tree was dangerous and failed to have it worked on or removed. Some neighbors are nice enough to offer half of the deductible, but if they don't have it, that's not going to happen.

This may be a good time to talk to your agent, that deductible seems high. Mine is 10% on this sort of claim. Also, make sure your fire insurance has kept up with construction prices,
which may be much higher than when you bought.

[mountainlove]

Originally Posted by Kippy

Be sure that you have good liability and medical on your homeowners policy before strangers start showing up and using a chainsaw on your property.

I guess coming up with reasons why not to do something is one way to look at the world...just not a lens through which I choose to view the world. To each their own...

[Kippy]

Originally Posted by mountainlove

I guess coming up with reasons why not to do something is one way to look at the world...just not a lens through which I choose to view the world. To each their own...

I am not suggesting that they just do nothing and leave the tree in their yard. I am suggesting that they consider their liability before inviting the entire internet to their house armed with chainsaws. There is a reason why people choose contractors that are "bonded and insured," because they don't want to be held liable when dude falls off his ladder and breaks his neck. Considering that the OP wasn't all too familiar with his/her homeowners insurance policy, I was making a prudent suggestion.

There are plenty of reasons not to do things; the world is full of bad luck and bad people. Being an optimist doesn't make you immune to either.

[North Beach Person]

Since I was the FREE FIREWOOD poster I'll just chime in and say that Craig's List would be the last place I'd announce it. A hand letterd sign on the gate is usually enough. And you're correct about being careful about liability.

I've had people stop and ask me for the wood when I've been cutting it up for my own use.

[hinsey86]

I guess it is different in PA than Va. When we lived there we had a neighbors tree...quite large, fall in our yard, bend our fence, and crush our picnic table. Neighbors insurance took care of it all. No negligence on their part, simply a storm.

[mountainlove]

Despite all of the horror stories that people hear about, I've had nothing but good luck with craigslist for many years now. I am definitely a serial optimist, but also have the sense to read people as they show up and have never had a problem telling someone to go away if need be. That being said, in my neighborhood a craigslist posting is safer than putting up a hand written sign inviting my neighbors over

[Hopes]

Originally Posted by hinsey86

I guess it is different in PA than Va. When we lived there we had a neighbors tree...quite large, fall in our yard, bend our fence, and crush our picnic table. Neighbors insurance took care of it all. No negligence on their part, simply a storm.

Every state is different. Virginia law isn't cut and dry about this. You lucked out.

Virginia Supreme Court, 4-3, decides about liability for trees falling | Snook & Haughey, P.C.

[Hopes]

Originally Posted by mountainlove

Despite all of the horror stories that people hear about, I've had nothing but good luck with craigslist for many years now. I am definitely a serial optimist, but also have the sense to read people as they show up and have never had a problem telling someone to go away if need be. That being said, in my neighborhood a craigslist posting is safer than putting up a hand written sign inviting my neighbors over

I've never had problems with carig's list or the pennysaver either. I've been on both ends of it. I've torn up people's paver driveway for pavers for my patio. I've taken out someone's fence. I've had people come to my property to do similar things. I couldn't imagine living in a world where I had to worry about being sued for every little thing. Most people are good people. I've managed to go five decades without being in a lawsuit. I'm a good judge of character. If someone demanded I show proof of insurance prior to going onto their property, I wouldn't want to do business with them even though I do have insurance. When people worry about lawsuits, it sends big red flags about their character.