2006-12-28 03:30:44 · 12 answers · asked by lotuselite 1 in Politics & Government ➔ Law & Ethics
Your home owners insurance unless you can prove that her tree was in bad shape and it was reasonable for her to know it would fall down and cause damage to your property.
Good Luck!!!
2006-12-28 03:34:44 · answer #1 · answered by Anonymous · 3⤊ 0⤋
it depends how bad the storm was.
Was your fence strong enough? Was the tree well kept?
If the only real fault was with the storm, then it is known as an "Act of God". If however she was breaking any laws in relation to the tree, then it was her fault. If the fence was not entirely on your property however, or was badly built, it may have been your fault.
The insurance people will probably want to come out to take a look. Take photos quick, before the tree is moved, and get neutral witnesses if you can.
2006-12-28 03:41:11 · answer #2 · answered by dude 5 · 2⤊ 1⤋
Depends on whether the tree had been properly maintained before the storm, so that it was not reasonably anticipated that it would damage your fence in a storm. For example, if the limbs which fell on your property were old and dead, and she had not had them trimmed off, then it was reasonable to anticipate that in a storm, these dead branches would go.
If I were you, I'd send in a claim to her insurance company arguing that she did not maintain it correctly and safely before the storm, and that it would not have damaged your fence if it had been cared for properly. Let them take the defensive and prove she did maintain it properly.
2006-12-28 03:41:41 · answer #3 · answered by auntb93again 7 · 2⤊ 1⤋
If the tree was totally on the neighbor's side, it is her responsibility.
If it is in a "fence line" (property line) and therefore belongs to the both of you, your homeowners will have to pay. Your insurance might try to recoup some cost from her insurance (if she planted the tree, etc).
2006-12-28 03:37:30 · answer #4 · answered by cpo109 2 · 1⤊ 1⤋
decrease the tree into firewood, if no said enable associates understand they could have the timber for slicing it up and eliminating it. fix the fence with your associates help, basically reason the tree replaced into on god's land and also you carry momentary identify, god keen to carry the tree down so both actual one of you may take care of a difficulty. BE well mannered AND inventive.
2016-12-01 06:31:15 · answer #5 · answered by ? 4 · 0⤊ 0⤋
It should be covered under home owners insurance...but i'm not sure who's insurance would cover it. It may be that they are responsible for removing the tree andyou fixing the fence...your insurance companies will know who is liable for what
2006-12-28 03:34:05 · answer #6 · answered by Courtney C 5 · 3⤊ 0⤋
Your neighbor, it may not be covered by their homeowners insurance, but you can sue them for the cost to repair your fence.
2006-12-28 03:45:16 · answer #7 · answered by Anonymous · 0⤊ 1⤋
And the answer is...your insurance company. They will deal with your neighbors company
2006-12-28 03:52:24 · answer #8 · answered by watchman_1900 3 · 2⤊ 0⤋
The others are right - let the insurance companies fight it out. this happens all the time for them - they're experts. Good luck.
2006-12-28 03:40:41 · answer #9 · answered by American citizen and taxpayer 7 · 2⤊ 0⤋
Contact your own insurance company. They'll probablly cross-claim against her insurance company.
2006-12-28 03:46:24 · answer #10 · answered by Anonymous · 1⤊ 0⤋