The strong wind knocked down my neighbor's tree onto my car and part of my house. The neighbor across my house laughed out loud about it. My car was brand new. The owner of the tree did not want to take responsibility at all and he didn't apologize to us. He told us to claim my own insurance. I said IF my tree fell down to your house/car, I'm responsible for it.
He said he didn't not push the tree down so he was not at fault and not responsible. I called 911 four times and they refused to send me a police to make a police report. They said it wasn't a criminal and it was mother nature. This is how I got the public service for being a good citizen and pay taxes. I called my insurance, they told me to get a police report.
Why people are so careless about this? Don't they know that it could happen to them one day?
If one day it happened to them, they would feel what I feel.
I need your opinion.
2006-06-24 01:09:50 · 14 answers · asked by usandforeign2006 1 in Social Science ➔ Sociology
It is mother nature 'acts of God' and it will happen to you one day no matter where you are, no matter how bad you are or how nice you are, how rich or poor, how smart or dumb, how old or young. It will happen to you one day. Do you understand?
2006-06-24 01:19:28 · update #1
It will happen to you in just a matter of time. No matter where you live or how safe you are. It will happen to you one day!
2006-06-24 01:27:37 · update #2
how many times and how many different ways can you ask this question? god, I've answered you twice already
2006-06-24 01:13:18 · answer #1 · answered by Stacy R 6 · 2⤊ 0⤋
Call your insurance company. They will deal with figuring out culpability.
When it comes to trees, the general rule of thumb is that if a tree falls on your property, your insurance must cover the damage done. The exception is if your neighbor's tree was obviously in bad health: dead branches, etc. In that case, you could argue that his failure to properly maintain his property resulted in your property being damaged. If the tree was healthy, this was just an "act of God."
The police are right. This is not a criminal issue but a civil one. I'm not sure why your insurance company is requiring a police report. If your neighbor hit your car with his car, or if he came over and beat your car with a stick, that would require a police report, not a tree falling! Contact them again, explain EXACTLY what happened, and ask what to do to get them to fix your car. Maybe you were so busy blaming your neighbor that they didn't understand what really happened. This should be covered under the comprehensive part of your auto insurance.
Your neighbor may be rude and insensitive, but he is right about the law on falling trees. Sorry, but that's the way it works.
2006-06-24 08:23:05 · answer #2 · answered by just♪wondering 7 · 1⤊ 0⤋
Well, unfortunately the police are correct - they're only hired to handle criminal actions. 911 is for emergencies; unless someone was hurt this was definitely not an emergency.
If you really believe that the damage to your car was your neighbor's fault, that's what civil court is for (policemen take people to criminal court, but people take each other to civil court). Call a lawyer and file a lawsuit - but if it ends up NOT being your neighbor's fault, you'll end up paying the lawyer. You say this was carelessness - if your neighbor clearly did something careless - or omitted doing something necessary - then the suit should be found in your favor, no problem. But if he took reasonable care of the tree - trimming dead branches etc. - then it was not his carelessness. You can't always blame someone else for an act of nature, unfortunately.
Also, call the police and tell them that your insurance requires a police report for the damage to your car. If you call them through their regular phone number - NOT through 911 - and don't get into the "neighbor" thing (until they get there) you should get a better response.
2006-06-24 08:18:37 · answer #3 · answered by dougdell 4 · 1⤊ 0⤋
In a way the same thing happend to me and is still in the process of being resolved. The KEY issue to focus on was the health of the tree. In law, negligence is negligence, if the tree was dead or in in the process (dead trees will still roduce foliage, though not much) then you have a claim as the tree construed a hazard. Photos go a long way and also a sample of the tree (yeah yeah I know). If the tree is still there, perhaps hiring a tree service to give you a report on its health, this can be used in claims/civil court. Being that your car was totaled (I assume) your insurence company should be eager to take up the case for you for it is worth their while. If it is minor damage then they dont really jump. Good luck and also consider local tv and paper community services (like consumer watch type programs), no insurance company likes bad press.
2006-06-29 17:34:37 · answer #4 · answered by bob c 1 · 1⤊ 0⤋
One of my high school friends was killed by a tree that fell onto her parents' property. My friend's parents sued the people who owend the land the tree was on. How is it their fault the tree fell? Of course the jury did not reward my friend's parents any money. Can you prove your neighbor was negligent and had a hand in the tree falling on your property? Do you seriously think he's responsible for this? Granted, he's being a jerk by laughing at you, but some people just have a twisted sense of humor.
As to the matter with the police and the insurance company... have fun with that. They love passing the buck.
(Don't we all?)
2006-06-24 08:19:19 · answer #5 · answered by AnaGameela 4 · 1⤊ 0⤋
This is just dumb, how people don't care. The police should care and make a report on it...the guy who is responsible should have his insurance company fix your house and buy you a new car...it that happened to him...he'd be pretty mad. The police should act like this is just as important as anything else they are trying to take care of. Right now, they like to take care of things not as important. Its dumb. If that guy that was laughing at you...if this happened to him..laugh at him...for being an idiot and being stupid. This is important. If i were you i would call 911 again and keep trying...them people should not be refusing the help you need.
2006-06-24 08:18:57 · answer #6 · answered by ♥mcmanda♥ 5 · 0⤊ 1⤋
Just a wee tip, that doesn't help your problem with your neighbours.
Don't call the emergency services number for something that is not an emergency. Take the time to look up your local police stations number in the phone book. Why should the emergency services respond to your plight?
Secondly, get in contact with your insurance company, they will chase your neighbour/neighbours insurance company for payment
2006-06-24 08:16:48 · answer #7 · answered by baroness 3 · 1⤊ 0⤋
The easiest way to deal with this is to hire a private insurance adjuster. They will come out fill out the paperwork and submit it to the insurance company. Your insurance company will then put a claim on the neighbors home owners, (If he has it)
2006-06-24 09:59:09 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Some people should pay for what is their fault, but they don't. Your insurance company should pay the claim, and the go after your neighbor 's insurance company. That's the way it works! If your company refuses to pay, contact the insurance commissioner in your state and file a complaint. Good luck.
2006-06-24 08:16:09 · answer #9 · answered by older hippie chick 3 · 2⤊ 0⤋
Whether or not you have a police report, your insurace agent should get their butts out there to look the situation over, especially if the police are disputing the necessity of their involvement! I would call that insurance agency again, speak to someone higher up, and argue with them to assess the situation! Then, call your local legal aid clinic to get some answers about suing that bum! Don't let him get away with it!
2006-06-24 08:15:27 · answer #10 · answered by shire_maid 6 · 0⤊ 1⤋
and that is what insurance is for, you do have insurance on your house and car right, to protect you from these "acts of God"
2006-06-24 08:15:34 · answer #11 · answered by Anonymous · 1⤊ 0⤋