My tree fell in neighbor yard. Should I help remove it when insurance says not to?

Question

This tree was 90% on my property and 10% on his. It was uprooted in a storm and is on his property and the vacant property next to him. Just the root base along with my broken concrete patio is in my yard. My insurance says it is his responsibility to clean it up. I offered to go in with him using this guy that was helping our other neighbor, and he didn't really respond. Is it wrong for me to have someone just come and cut the tree at the property line, fix my fence and let him deal with the rest? I don't wanna be a jerk but I don't have much choice.

The day it happened part of my other tree fell on his car and I helped drag away alot of the debris. Now it is really just the trunk across his lawn. He is kind of a jerk anyway, haha.

Answer 1

If the tree was 90% on your property and the roots are there too, it would seem as though you should assume the responsibility of the cleanup, at least 90% worth. I would vote for you to help your neighbor remove the tree. It is the right thing to do, no matter what the insurance company says.

Good luck!!

Answer 2

If you can keep bad feelings down by helping your neighbor then do so. My neighbor threatened to sue me if my tree damaged there house. I had it cut down and things were never the same between the two households after that. They became aware of the fact that they could tell us what we should do and we became resentful. A lot of friction was created which eventually led to a lawsuit where no one realy won but we all lost time money and respect for each other. Matters became worse and we finally had to move away. Lawsuit followed us. So if you have any sort of friendly relationship with your neighbor then I feel you should go out of your way to help if they will accept it.

Answer 3

well what would happen if a neighbors tree fell onto your house ..your insurance company would take them to court to get the money for repairs to your house..and for your insurance to say that your tree is not your responsibility cos it fell over and is now in your yard is a load of bull.. if I use that line of thinking I can take your tv and put it in my house and it will then be mine....all this is is your insurance is trying to get out of this cheaply...what would you do if the situation was reversed would you want your neighbors help to remove his tree from your yard.......and if I was you I would be finding a new insurance company before something happens and you find yourself being sued for damages that your insurance says they wont pay for for example if the tree had of injured someone, its your tree that was growing on your property you are responsible to keep trees safe ...the reason we get insurance is so that we can be covered for unforeseen damages ....also I would be willing to bet that as far as the council is concerned if the tree was overhanging your front fence and blocking the road that you would get a bill from the council for removing it...like I said if it started in your property you are legally responsible for it and the damage it causes....

Answer 4

It is considered an "act of God" by the insurance companies, so it is the responsibility of whoever's land it is on.

If you want to help the guy pay for his part of his deductible, then offer to do so, but DO NOT just send somebody over onto his property to do the work without his permission. That could open you up to all kinds of liability if somebody were to get hurt.

Answer 5

Your insurance company has a conflict of interest. They are advising you in the manner that costs them the least money, and it may or may not accurately reflect the local ordinances and state law that governs your situation.

In order to do the right thing, you first need to find out what that is. I would start with City Hall. in any event, it is important to be a good citizen and a good neighbor, so do some homework before accepting the opinion of your insurance company that may or may not be operating in good faith.

Answer 6

He may not be responding to you because his lawyer is advising him not to while they prepare a case. I would at least have a consultation with an attorney.

Your insurance company is looking out fo themselves only and can cost you more in the long run in civil court and aggrevation. And it can make for a very bad living situation when you and your neighbors hate each other.

Answer 7

It develop into the negligence of your neighbour (in failing to trim the tree previously it collapsed) that led to the wear and tear on your products. obviously that is his responsibility to modify your products. That stated, your insurer ought to reimburse you properly this second on your damages and then obtain reimbursement out of your neighbour's insurer. maximum vendors guidelines specify that they are going to do merely this -- yet then with suggestions from accepting the help, you assign on your insurer your properly to revive out of your neighbour. This affiliation is way better than transferring right into a dispute with your neighbour.

Answer 8

I think if you know your neighbor you should be able to talk with him and come to an agreement that works for both. I would offer to help again and if he does not want to worry about it, then you have done what you can.

I am more to just help and do what I can.

Answer 9

I think that if you want to get along with the neighbor that you have to live next to for how ever long, you need to help him clean up your tree.

Answer 10

Fix your part first and offer once again to help fix his. always a good idea to be friends with the neighbors. But its his yard and his choice isn't it. But you are good to care:-)