Neighbors trees smashed my fence. What to do?

[AlDente67 563]

My neighbor had three trees (one was dead) split in half and come down on my metal chainlink fence in back. So there are three spots where the horizontal top bar is bent or broken, and one post that is wrecked.

 

She stops over to mention that her insurance won't cover it and have a nice day, goodbye.

 

I can make a claim on my insurance, but I'd have the $500 deductable to contend with.

 

As far as I can tell, I'm on the hook, even though she owned the trees. Wouldn't you think she would offer to assist with the repair cost?

[osb 0]

Make her pay for it, at least some of it. Or sue her ass, she sounds like a jerk for not offering help and essentially saying GFY.

[twentynine30s 1]

Yea unfortunately, you are on the hook for the damage unless you can prove that your neighbor was aware of a potential problem from a dead tree falling onto your property.

 

My family had to deal with this during Irene and Sandy with trees falling from other properties and it had to go through their insurance.

 

The least your neighbor can do is pay your deductible, that's what I would offer if it were me. Good luck

 

Also, if you see any hazard with other trees capable of falling onto your property, write your neighbor a letter and make a copy for yourself. Send both letters (to neighbor and yourself) via certified return receipt mail. Keep yours sealed and don't open it unless needed for future issues like this one.

[mcbethr 42]

Well, there is always Small Claims Court if you feel like living next to somebody you sued...

 

I would pay the $500 and be done with it. Sometimes stuff happens. Sometimes people are a-holes. You also don't know her story. Maybe she has to choose between paying for a fence to be repaired and buying food for her kids?

 

Hell, bake her a cake and go over there and talk with her.

[Lalo 13]

Have you talked to her and asked that they pay for the damages or at least the deductible amount? If they refuse then talk to your insurance company. Sometimes depending on the situation they will talk to her insurance company and settle the bill without you having to pay for the deductible. She would need to give up her insurance information though. If not, pay for it then take her to small claims court.

[djg0770 481]

This sounds like less than $100 in parts and probably less than a half day's labor. In this case, I would say learn a little fence repair, and remember, Karma's a b-ch.

[chris327 30]

2 of my neighbors are going through something similar. during sandy a tree fell and hit the neighbors house wrecking the siding and destroyed the fence. they said ok wait for insurance, the insurance company from the person whos tree it was said not our problem. the tree is still up rooted fence down ect. just last week they told me that it came out its completely their problem not the owner so the tree owner basically said not my problem you do it. kinda messed up. I went and helped him cut it up and get the bulk away from the house and back down but the stump is still there and pretty big, only way i could do it is ruining the owner of the trees lawn by driving on it and dragging it onto a truck with a lift gate. thats how i did mine, and he doesnt like that idea. now the one whose house was hit basically said not my problem and they dont talk anymore.

[SW9racer 262]

Happened to my step-Dad, branch from the neighbors tree smashed their car flat. Both insurance companies said It's an act of God, so the tree owner is not responsible. However, if prior you saw the shaky old tree and asked the neighbor to remove it, or if you were going to have it removed and they refused, then they are negligent and have to pay for the damage.

[Shortfuse 39]

Happened to me during Sandy have your Fence guy give you an inflated estimate enough to cover the deductable.

[reduck 0]

Your fence is part of your property, so its your insurance that will cover its repair.

You'll need to get an adjuster out to look at it to give you an estimate.

They will also cover removal of the tree if it is still on the fence. (you did take photos right??)

It would have been nice if the neighbor would help a little with the deductible...

Like mentioned above, ask the tree service to bump it up a little to help cover your deductible if its still there. And only have them remove whats on your property.

Leave the stump and trunk on the neighbors ground.....along with any branches etc that come down when its removed.

 

 

I went through this post Sandy too...It sucks.

[H.M. Murdock 0]

Shit happens

[AlDente67 563]

The trees are long gone. In fact the lady (single, older) has had new saplings planted, as well as a new sprinkler system and weekly lawn service caring for the yard. In other words, she is not destitute.

 

We did take pictures before she had the trees cut up and removed.

[TheLugNutZ 21]

Didnt read all of the replies but i think it was stated. Dmg to your prop is your issue even if the tree came from someone else. Only way otherwise is to prove she knew there was an issue with the tree and she was asked to take it down ahead of time (dead. diseased, etc...).

 

(im an insurance agent)

[JackDaWack 2,895]

Didnt read all of the replies but i think it was stated. Dmg to your prop is your issue even if the tree came from someone else. Only way otherwise is to prove she knew there was an issue with the tree and she was asked to take it down ahead of time (dead. diseased, etc...).

 

(im an insurance agent)

a dead tree is an issue. Why do u have to tell them to remove it?

[Tactical Turtle 11]

If they are being assholes about it.. cut it up and place the cut up wood in there driveway behubd there cars. With a note attached that says your welcome

[TheLugNutZ 21]

a dead tree is an issue. Why do u have to tell them to remove it?

 

typically they have to be aware of it. Its a small claims issue, if it was dead and OP feels its worth it, he would have to take her to court... Insurance company prob wont get involved.

 

Why is it that way? Im not sure, thats a lawyer question i guess...

[e80hydro 120]

^{Leave a flaming bag of dog shit on her porch and ring the bell and run.}

[Pythagoras 2]

I am not a lawyer, I'm just looking at this logically from a private property standpoint.

 

I don't understand how it could be the OP's problem since it's his fence - the neighbor's negligence allowed her property (tree) to damage someone else's property (fence). Hence the neighbor is liable.

 

Do the insurance policies somehow define liability in a different way?

[johnnyrebel70 0]

Hell, bake her a cake and go over there and talk with her.

 

I agree bake her a cake but put Turbo Lax in it, go over and watch the fun. Oh and be sure to use her bathroom and take all the TP so shes sitting there with the squirts and no paper

[TheLugNutZ 21]

I am not a lawyer, I'm just looking at this logically from a private property standpoint.

 

I don't understand how it could be the OP's problem since it's his fence - the neighbor's negligence allowed her property (tree) to damage someone else's property (fence). Hence the neighbor is liable.

 

Do the insurance policies somehow define liability in a different way?

 

Liability would arise out of negligence. Being negligent and not cutting down a dead tree. So it would have to be a liability issue and actually sue someone for the damages. If she is found liable, HER liability coverage would pay for it (possibly). If she isnt sued, how else would HER homeowner’s policy cover it? It would not go through her dwelling coverage b/c home dwelling coverage covers the home the policy is written on, it wouldnt cover the neighbors dwelling. OP would have to use HIS dwelling coverage to cover damage to his property (or in this case, dwelling extension coverage). So really the only way would be for him to sue her...

[Babyface Finster 45]

Did you actually ask her to pay your deductible? That part is not clear to me.

 

What kind of relationship do you have with this neighbor?

 

The law is not on your side here. If you haven't asked her already, there's nothing to lose by asking her to at least split the deductible with you. If she refuses, pay it yourself and move on. Something like this is not worth getting your blood pressure up. You can take her off your Christmas card list.

[TheLugNutZ 21]

^ thats what we suggest our clients do if you have a decent relationship with her. I know i would prob split my neighbors ded with them if i had a good relationship...

[Malsua 1,422]

My attitude would be entirely dependent upon my neighbor's attitude.

 

I would first go over and have a quick discussion "These were you trees, could you help me out on this?"

 

If the answer is no, I would go ahead and fix my fence and never talk to her again.

 

Do she have natural gas to the house? Do you know where the line in buried? From the street to the house, it'd be a shame if all the grass died in a line right where the buried pipe was. She might even have to spend $1000 or so to get someone to dig it up and check for leaks. Weird how those karma issues come around, isn't it?

[DSD1026 48]

echoing what others have said.. the only way you have a legal recourse is if you can PROVE that the neighbor knew the tree was dead and a potential hazard to property and failed to take action.. (and by prove, i mean you have to have something in writing that states you have had the tree looked at and given her notice that the tree was a potential hazard to your house or your property). Simply "knowing that she knew" isnt enough to prove legally..

 

it sucks, but now echoing what djg0770 said, its a chain link fence.. you have 3 top part that are bent or broken and a pole/post.. to me, you are better off just fixing it and maybe asking her is she will cover the cost of the material (which might cost you $100).. when some little punk ran into my mailbox (and took out the cemented-in post that went with it), they offered to give me money and help me fix it.. i ended up going to lowes, getting a post, buying a bag of cement and a new mailbox and put the whole thing in myself in about an hour.. then i hit up the kids mother (i had a police report, so i knew the address) and she wrote me a check for the cost of the material.. done.. insurance was not involved.. his might be your best option

 

Malusa - isnt it against the law to touch a gas line? i thought that belonged to the utility company (?).. or do you mean just make it LOOK like its leaking, not to actually MAKE it be leaking (?)

[Malsua 1,422]

Malusa - isnt it against the law to touch a gas line? i thought that belonged to the utility company (?).. or do you mean just make it LOOK like its leaking, not to actually MAKE it be leaking (?)

 

Who said anything about making a gas line leak? I'm just saying wouldn't it just be a bummer if the grass from the road to the house, in a line where the pipe is just happened to die? It would be illegal to trespass and even more so to damage any grass. I'm just saying it'd be a damn shame if it looked like the pipe were leaking, I'm not suggesting anyone actually do anything illegal. Who knows...maybe lightning struck nearby and ran down the length of the pipe, killing the grass.

[HODGIE 3]

During Sandy my tree fell over onto the neighbors inbound pool, the fence was trashed and I was worried it went through the pool cover and damaged their liner. My adjuster came out and said that it is all on them since the tree came down in the Hurricane and not on its own on a warm summer day. I felt like a d-bag but just to be safe asked them to call their adjuster to come out. I had the tree removed and also made sure they removed it from the neighbors side too which I was not responsible to do either. Lucky there was no damage to the pool or cover so I paid to replace their fence while I had mine done. Sucks that your neighbor isn't taking any responsibility but technically they don't have too because their INS wont cover it.

[AlDente67 563]

I spoke to my insurance company and pretty much confirmed what was said. They are sending out a contractor for an estimate, but I know that it probably won't be more than my deductible. Maybe I'll drop a copy of the repair bill in her door and see how she responds.

 

We are not friends by any measure. No love lost here. But karma is indeed a ****.

[brucin 923]

I had the same problem. A tree fell during Sandy and destroyed my Jeep damaged my FJ and my house. My neighbors response " i hope you had insurance"

 

He has another 100 foot tall tree that leans toward my house so I notified the town but they can't force him to remove it because the lot is under an acre. He said he would cut it down but when the tree service came they only removed some branches. He already removed a dozen or so trees from the other end of his lot and probably does not want to add to his expense.

 

Since he was notified of the tree I imagine he will pay my deductibles should it fall.

[sof 0]

As DSD1026 stated:

"echoing what others have said.. the only way you have a legal recourse is if you can PROVE that the neighbor knew the tree was dead and a potential hazard to property and failed to take action.. (and by prove, i mean you have to have something in writing that states you have had the tree looked at and given her notice that the tree was a potential hazard to your house or your property). Simply "knowing that she knew" isnt enough to prove legally.."

 

 

100% correct. This happened to my sister. Best thing to do is not be confrontational see if they have any interest in helping you on the deductible and contact your insurance co. Then check out their other trees carefully from your own property and write them as stated above. You're lucky it was your fence and not your house.

[bry@n 195]

I would fix it myself. I am dealing with the same issue now with a neighbor. Two dead trees, we've spoken about it and he is supposed to cut them down.

 

He is also low selling so I won't bet on it. I will however send him a certified letter notifying him officially. At least I'm covered.