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Neighbor finally came over after our major ice storm that caused one of our trees to crush one of their fence panels. I'm sort of conflicted about the whole thing. I feel horrible about the whole thing, but I also understand that it's technically their homeowners' insurance responsibility to fix due to the storm being an act of God/Nature. While he was very polite, he kept talking about how I should claim a $500 structural loss for the tree. Does anyone here know what this person might be speaking of? I cannot decipher the policy legalese and I'm concerned that calling my agent will cause my policy premium to increase. Does making one of these claims typically trigger a premium increase?
First, I'm not sure the insurance necessarily calls it an act of God/Nature. My father's insurance paid him something to repair his own fence when a tree came down on it.
Second, I don't think asking your insurance agent will do anything to your premium. Maybe if you file a claim.
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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We have experienced this before. The repairs fall upon the victim's insurance. If it's his fence, it's his insurance. Yours will not pay it. What's ethical? Offer to pay their deductible. Even calling your agent could result in an increase in your premiums, but if the tree is yours, your company may pay for the removal. if it was me, I'd rent a chain saw, do that myself, and offer to pay his deductible or for the fence if it's not more than the deductible. Actually, I'd probably repair the fence myself too and avoid insurance altogether but I have built fences before.
They can only sue you for it if they can prove that you knew the tree was in danger of falling at did nothing about it (negligence).
We have experienced this before. The repairs fall upon the victim's insurance. If it's his fence, it's his insurance. Yours will not pay it. What's ethical? Offer to pay their deductible. Even calling your agent could result in an increase in your premiums, but if the tree is yours, your company may pay for the removal. if it was me, I'd rent a chain saw, do that myself, and offer to pay his deductible or for the fence if it's not more than the deductible. Actually, I'd probably repair the fence myself too and avoid insurance altogether but I have built fences before.
They can only sue you for it if they can prove that you knew the tree was in danger of falling at did nothing about it (negligence).
Thanks for the input. My stepfather is good at fixing stuff like this and he's coming by next week from out of town. I think he's going to go ahead and fix it for them. I sort of feel like a chump knowing that we wouldn't have to pay a dime either way, but we have to live with him for years to come. Materials probably won't be too expensive and it's just a couple of crossbeams and a few planks that were destroyed.
Last edited by saigafreak; 03-10-2014 at 08:13 PM..
Peace with the neighbor, is worth just helping him to fix the fence. Leave insurance out of it, unless he starts to act like he is trying to milk the situation.
BTW, if a homeowners insurance company raised rates or dropped you just because of an inquiry, that inquiry can't follow you around when shopping for a different policy correct? Meaning, the CASE database that insurance companies use only deal with claims and don't log inquiries?
I'm an expert on this, I watch Judge Judy. What I have seen her say in the past is that the "Act of God" thing does factor into it, but you can be liable if you knowingly had not maintained the tree in good condition and didn't take precautions to keep it from falling down. For example, if the tree had rot that structurally compromised it's ability to withstand the ice, that could fall on you to pay for.
But I would call your agent and just ask him/her their advice on who should file the claim. If you are friends with this neighbor it might make sense to just offer to pay their deductible or at least replace the one panel as a good neighbor gesture.
I'm an expert on this, I watch Judge Judy. What I have seen her say in the past is that the "Act of God" thing does factor into it, but you can be liable if you knowingly had not maintained the tree in good condition and didn't take precautions to keep it from falling down. For example, if the tree had rot that structurally compromised it's ability to withstand the ice, that could fall on you to pay for.
But I would call your agent and just ask him/her their advice on who should file the claim. If you are friends with this neighbor it might make sense to just offer to pay their deductible or at least replace the one panel as a good neighbor gesture.
Don
Interesting theory. How does one "take precautions" with an otherwise healthy tree? I think that's why the letter of the law states that unless you got an official written notice or the tree is clearly diseased, it's just an Act of God.
Talked to the builder of the development (new construction). He's going to drop the materials (4 planks and 2 crossbeams) and it theoretically will cost us nothing to fix. If the neighbor raises a stink as to my stepfather replacing it and demands a professional contractor, I will say "I understand sir. Good luck with your repairs and let us know if you need any more help". Builder says do NOT get insurance involved and the repairs should cost less than $100 if a professional did it.
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Materials probably won't be too expensive and it's just a couple of crossbeams and a few planks that were destroyed.
What I have seen her say in the past is that the "Act of God" thing does factor into it, but you can be liable if you knowingly had not maintained the tree in good condition and didn't take precautions to keep it from falling down. For example, if the tree had rot that structurally compromised it's ability to withstand the ice, that could fall on you to pay for.
