Please help me solve this!?

Question

The neighbor's tree fell down onto my car and part of the house.
He refused to say that he was at fault.
He said I should claim my own insurance.
It's absolutely not my fault. I parked my car on my own parking lot. His tree was huge and there was a strong wind and knocked down the tree. I told him before to take care his tree.
Is he responsible for this? What can I do?
Please help. I'd appreciate it.

Answer 1

go to small claims court, I bet they would rule in your favor.

Answer 2

If the tree was on his property, his insurance should take care of the damages. Don't deal with him, deal with the insurance company. If you don't know which company he uses, call your insurance agent.
As far as I know, there doesn't need to be any proof that he knew of a problem with the tree, or anything like that. We were in a bad storm, and the people whose trees fell on someone else's houses were responsible.

Answer 3

In my opinion,your neighbour has a duty of care(as do we all) to ensure that nothing they own causes damage to anything you own.
If you asked him before to take care of the tree,you have a precedent in this matter,in which you were concerned that this tree could cause damage and nothing was done about it.I don't know exactly what the law states in this case but I think you need to seek a lawyer's opinion on this.
I believe you are correct and I hope you can settle this in your favour.

Answer 4

If most of or the entire tree fell, he is liable. If it was only the large branches, you may be out of luck. I definitely would look into this legally. I do know that if they fall on your property, you may be legally responsible for the removal, but as for damage to your property, then the least you should expect is for him to pay half! Take him to court!

Answer 5

In the Moral Codecs and in the Constitution is said: With actions or without them. So you can judge him for not taking care of a possibly dangerous tree

Answer 6

Do you ahve a wittnes who heard you tell you neighbor to take down his tree? If so, you got it man! If not, be sure to take pictures of the mess it made, and get out your property papers that says where your land ends, and take him to court. Afterall, he IS responsible for things that reside in his property, and if it lowers the property value on you land, he is required to do something about it.

Answer 7

He is not responsible unless you can prove that the tree was a hazard (e.g. diseased) and that he knew it was a hazard.

Your homeowners' insurance should take care of your house. Your auto insurance will take care of your car ONLY if you have collision insurance.

Sorry...that's the way the law works!

http://www.news8austin.com/content/living/common%5Flaw/?ArID=130954&SecID=463

Answer 8

This is going to depend on where you live. I live in Colorado, USA. If you live in the USA you need to call a lawyer immediately. If you live outside the USA I can't help you as I am not very familiar with the laws of other countries.

Answer 9

the neighbor ought to call his homeowners insurance as it was his tree that fell on your car and part of your house. take lots of pictures and take him to small claims court. other than that i can't tell you anything different.

Answer 10

well id be calling your insurance company to find out, but the common sense sais its the nieghbors fault he just doesnt want to pay the cost the yellow dog!!

Answer 11

Check with your insurance company. At the very least his insurance should cover any deductible. If you did not have comprehensive his insurance should cover the whole thing.