Neighbor wants me to pay for damage to house due to tree falling over during storm

[StreetRacerX]

So at about 6:30 tonight the door bell rings and my wife answers the door, its the neighbor from next door, he says he has a big problem so I go outside with him and into his yard where he shows me where one of my trees which collapsed due to the snow, has fallen. He then shows me where the tree hit his house damaging a section of the eaves trough, after a minute or two of talking it becomes clear he wants me to pay to have his eaves trough fixed, I tell him I'll look into it and we exchange numbers(he lives elsewhere this place is a rental basically).

I intend on calling my insurance company tomorrow and confirming with them that I am not responsible for what happened as the tree itself was not dying or dead and it was due to the storm that it fell so I am not responsible for the repair on his house. Furthermore I will call him to inform him that no one is at fault which is what I believe will be the case and to have him contact his insurance company to reconfirm what I said and although it is a possibility, I doubt he is trying to take advantage of us, I also intend on removing my fallen tree from his backyard tomorrow.

I'm posting this with the intent on educating other homeowners, especially those like myself who are currently living in their first home. If anyone has anything additional to contribute or if I am wrong about anything please feel free to post.

[C_Dave45]

I'm curious to know as well. Did a quick google search and every link seems to point to the damaged home's insurer will pay, no matter what the owners may think.


http://budgeting.thenest.com/tree-yard-falls-neighbors-house-insurance-responsible-27192.html


Of course most of these are US links.

Maybe our insurance guru can help....paging maskedbandit...paging maskedbandit

[JustinMCS]

Definitely don't think you're responsible, for the reasons you stated. Heres a case from Ontario

http://www.thestar.com/business/personal_finance/2014/01/31/if_your_neighbours_tree_falls_in_your_yard_who_pays.html

[mr2mike]

I would say unless they can prove negligence by you you're fine. If the tree wasn't dead and had green leaves, it's the guy's issue to have it fixed.
Being it's his insurance now, I see this not being repaired.

[spikerS]

I am going to say that you will be responsible. it is your tree, and it damaged someone else's property.

If your vehicle was parked in front of your house, and it just rolled away and landed in someone's living room, your insurance would be paying out.

my logic says you will be responsible.

[KRyn]

Originally posted by spikerS


If your vehicle was parked in front of your house, and it just rolled away and landed in someone's living room, your insurance would be paying out.

my logic says you will be responsible.


What happens if there is a tornado and my vehicle is picked up and thrown through your house, am I responsible?

[GT.....O?]

My ex's father had this happen, and although it was a dead tree, he was responsible to replace a broken windshield and repair a dent. His insurance company was going to cover it, but it wasn't worth it since it was just over the deductible. From what i can remember he said anything on his property he was liable for.

[spikerS]

Originally posted by KRyn



What happens if there is a tornado and my vehicle is picked up and thrown through your house, am I responsible?

technically, I would say yes. however in a lot of those types of cases, it gets zero rated from my understanding.

[dr_jared88]

Originally posted by spikerS
I am going to say that you will be responsible. it is your tree, and it damaged someone else's property.

If your vehicle was parked in front of your house, and it just rolled away and landed in someone's living room, your insurance would be paying out.

my logic says you will be responsible.

I don't think your comparison really is the same. One is considered "Act of God" where it is completely out of our control. Your example would be considered a failure in the vehicle system which would be argued your fault as it is your responsibility to ensure the vehicle systems are operational and functioning properly.

Now the example provided after yours regarding your car picked up in a tornado and causing damage would be an interesting one. I would think that you'd be responsible for insurance to have your car fixed, and the other party(s) would need to deal with their insurance to have their possessions fixed or replaced. I really have no clue though...

[benyl]

Insurance will likely cover it.

http://www.cbc.ca/news/canada/calgary/calgary-snow-damage-leads-to-insurance-questions-1.2762735

You are responsible for your own trees.

[BerserkerCatSplat]

Originally posted by benyl
Insurance will likely cover it.

http://www.cbc.ca/news/canada/calgary/calgary-snow-damage-leads-to-insurance-questions-1.2762735

You are responsible for your own trees.

What I got from that article is that the insurance won't cover the replacement cost of the tree itself but will cover damage it caused to roofs, vehicles, etc. which is OP's major concern.




"'Are we covered for trees?' That is the number one question," she said.

The answer is no — storm damage to a tree itself or landscaping is not included in most insurance policies.

"I said, 'I hope you have a good fireplace' and 'You might as well start cutting it up for wood and use it this winter,'" said Truman.

But she says most house insurance policies will cover damage to a roof or a deck, and people with what's called "comprehensive" coverage will be able to claim vehicle damage.

[FraserB]

Originally posted by benyl
Insurance will likely cover it.

http://www.cbc.ca/news/canada/calgary/calgary-snow-damage-leads-to-insurance-questions-1.2762735

You are responsible for your own trees.

Um, that article says insurance covers roof and deck repairs when needed, an eaves trough is located on a roof.

If OP was concerned about damaged to a tree, then you would be correct.

[benyl]

haha, reading > me. I skimmed it really fast this morning.

Ninja edit.

[BerserkerCatSplat]

Hey, no fair editing the quotes! :rofl:

[ee2k]

Your liability piece on your insurance will cover the neighbor's roof. It's your call whether or not you go through insurance or pay for it yourself so as to avoid an insurance premium increase in the future.

Read your insurance papers. There will be entries related to act of god (which I assume is what we can attribute this frigidness to) that have exclusions.

[Cooked Rice]

If it was my tree and part of it fell and damaged my neighbors house, I'd jimmy up and pay for the damages, part of being a good neighbor imo. Unless you have pre-existing beef with your neighbor or something.

[Env-Consultant]

Originally posted by Cooked Rice
If it was my tree and part of it fell and damaged my neighbors house, I'd jimmy up and pay for the damages, part of being a good neighbor imo. Unless you have pre-existing beef with your neighbor or something.

Not sure if I'd call someone who buys a house next to me and fills it with renters a "good neighbour". I get what you're saying though - just might not apply in this case.

[CLiVE]

Originally posted by Cooked Rice
If it was my tree and part of it fell and damaged my neighbors house, I'd jimmy up and pay for the damages, part of being a good neighbor imo. Unless you have pre-existing beef with your neighbor or something.

:thumbsup: Had the same opinion. Would be a good neighbor, and just help him out, split the cost, etc.

[roopi]

Sweet another reason for insurance premiums to go up next year and the year after, etc...

[codetrap]

Originally posted by Cooked Rice
If it was my tree and part of it fell and damaged my neighbors house, I'd jimmy up and pay for the damages, part of being a good neighbor imo. Unless you have pre-existing beef with your neighbor or something. That's a nice idea in theory, until you find out that your damages are going to be like 8k, and your insurance company is telling you "no, we're not going to pay you for that, you're on your own."

Just saying....

[Thaco]

i'd say his insurance would cover it, it's an act of nature, not caused by your neglect, shouldn't be on your back.

That's what insurance is there for.

[Thaco]

Originally posted by spikerS
I am going to say that you will be responsible. it is your tree, and it damaged someone else's property.

If your vehicle was parked in front of your house, and it just rolled away and landed in someone's living room, your insurance would be paying out.

my logic says you will be responsible. the problem with your logic is that it includes some degree of neglect, and therefore fault, of the operator of the car.

[Cooked Rice]

Originally posted by codetrap
That's a nice idea in theory, until you find out that your damages are going to be like 8k, and your insurance company is telling you "no, we're not going to pay you for that, you're on your own."

Just saying....

Correct, it's their insurance that has to cover it, but why not offer to help with the deductible? It's true, if your tree(s) were in good healthy condition and you maintained them, and they fall onto your neighbors because of weather, blame is technically relieved from you. But like I said earlier, unless you have poor relations with your neighbor, you wouldn't feel bad that your tree damaged their property?

[CanmoreOrLess]

Originally posted by Cooked Rice
If it was my tree and part of it fell and damaged my neighbors house, I'd jimmy up and pay for the damages, part of being a good neighbor imo. Unless you have pre-existing beef with your neighbor or something.

Seems the right thing to do, keeps the peace and improves the neighbour relationship. People want to complicate their lives and complain about how it all escalated, the Calgary way.

[Sugarphreak]

...

[Masked Bandit]

Sorry I'm a bit late to the party here guys.

In OP's case, the neighbour is on his own. Yes the damage was caused by a tree from OP's yard but OP wasn't negligent. And that's the key point. Now if it were a nice sunny day and OP was cutting a tree down in his yard and it fell on the neighbour's house, that would be a different story.

OP has nothing to pay for here, neighbour either pays out of his own pocket or files a claim with his insurance company.

[schurchill39]

Originally posted by Masked Bandit
Sorry I'm a bit late to the party here guys.

In OP's case, the neighbour is on his own. Yes the damage was caused by a tree from OP's yard but OP wasn't negligent. And that's the key point. Now if it were a nice sunny day and OP was cutting a tree down in his yard and it fell on the neighbour's house, that would be a different story.

OP has nothing to pay for here, neighbour either pays out of his own pocket or files a claim with his insurance company.

Masked Bandit FTW

[spikerS]

Originally posted by Thaco
the problem with your logic is that it includes some degree of neglect, and therefore fault, of the operator of the car.

no, i am not taking neglect into account.

if your trampoline is in the back yard, and the wind flips it into your neighbours window, you will be on the hook for the window.

if something of yours breaks / damages the property of someone else, you are responsible to make them whole. either by fixing it, or paying for the damages.

Why should I have to pay for damage to my property, caused by your own?

[spikerS]

Originally posted by schurchill39


Masked Bandit FTW

pretty much.

I still think that stinks though.

For example, I am not allowed to take the appropriate measures to protect my house because the tree does not belong to me, so I can't touch it. But when shit like this happens, and it damages my house, I am on the hook.

That does not seem right.

[FraserB]

OP also doesn't need to remove the tree from the neighbor's property. Since it's in his yard, it's now his responsibility. :D

[supe]

Originally posted by spikerS


pretty much.

I still think that stinks though.

For example, I am not allowed to take the appropriate measures to protect my house because the tree does not belong to me, so I can't touch it. But when shit like this happens, and it damages my house, I am on the hook.

That does not seem right.

I think the counter argument would be to not buy a house near big trees, much like how only houses by the river got flooded.

[suntan]

Don't think of it in terms of "neglect". Jesus Christ.

It's all about "reasonable" care. Did you do all could "reasonably" do to prevent damage? Then you're okay. Like, what the fuck are you supposed to do with a 100 foot tall tree in a summer snowstorm? Wrap it in fencing?

[jwslam]

Originally posted by spikerS
For example, I am not allowed to take the appropriate measures to protect my house because the tree does not belong to me, so I can't touch it. But when shit like this happens, and it damages my house, I am on the hook.
I'm would bet that if Allan Markin is allowed to do this (http://www.calgaryherald.com/news/calgary/great+wall+Elbow+Park+homeowner+plans+keep+next+flood/9876447/story.html) , you're allowed to build a fence taller than his tree to stop it from falling onto your property.

[StreetRacerX]

Its as Masked Bandit says, it turns out the neighbor is already getting rid of what fell into his property but doesn't know any companies that do eavestrough so I'll be giving him the contact information the company InRich contracted for my place and maybe split the cost if they can get out to do it. Although at this point I don't want to pay anymore for sheet metal work hahaha.

[ercchry]

i havent looked at my place yet... but my plan for fixing the trough where the tree hit is a rubber mallet, and maybe some channel locks.... and possibly some spray paint and silicone, i just dont see it being much more of a deal than that :dunno:

[killramos]

Originally posted by jwslam

I'm would bet that if Allan Markin is allowed to do this (http://www.calgaryherald.com/news/calgary/great+wall+Elbow+Park+homeowner+plans+keep+next+flood/9876447/story.html) , you're allowed to build a fence taller than his tree to stop it from falling onto your property.

he was on the board of pennwest, special kind of crazy...

We had a tree fall on our garage during a wind storm from neighbors property a few years back. Was definitely our neighbors responsibility. Your choice to own a tree :dunno:.

If its one of those situations where the city wouldn't let you remove it then sounds like its on the city.

You should at least be liable for removing the tree as a minimum.

[codetrap]

Originally posted by spikerS
pretty much.

I still think that stinks though.

For example, I am not allowed to take the appropriate measures to protect my house because the tree does not belong to me, so I can't touch it. But when shit like this happens, and it damages my house, I am on the hook.

That does not seem right. And this is exactly why we have insurance. :)

[supe]

http://globalnews.ca/news/1559124/who-is-at-fault-when-a-tree-falls-on-a-neighbouring-property/

[D. Dub]

^^^^^

“It doesn’t matter where the tree came from, it’s your policy that responds,” explains Robyn Young from the Insurance Brokers Association of Alberta. “Your homeowners policy, your auto policy would respond to the resulting damage from the falling object, whatever it may be.”



As for who should be responsible for moving the actual tree, that’s a grey area.

“It’s not an insurance issue, so it would be something like a good neighbour policy. If it’s your tree you probably should be removing it, but it’s really between you and your neighbour.”

However, it’s up to homeowners to remove branches before they can do any more harm.

“If it’s on your property, it’s your responsibility to make sure that there’s no further damage to your property regardless of where the tree comes from.”

[Masked Bandit]

Originally posted by supe
http://globalnews.ca/news/1559124/who-is-at-fault-when-a-tree-falls-on-a-neighbouring-property/

There's a lady that's going to run the world someday. I've watched her career for many years and she's going nowhere but up. Good family all the way around.

[Masked Bandit]

Originally posted by spikerS


no, i am not taking neglect into account.

if your trampoline is in the back yard, and the wind flips it into your neighbours window, you will be on the hook for the window.

if something of yours breaks / damages the property of someone else, you are responsible to make them whole. either by fixing it, or paying for the damages.

Why should I have to pay for damage to my property, caused by your own?

It depends if you have taken reasonable steps to prevent it from flying away. If you have sandbags on the legs, I would say that's reasonable. If 180 KPH winds come along, a lot more shit than just the trampoline will be flying around and it's pretty much every man for himself.

[Mar]

If the branch was overhanging onto his property before it fell then it wasn't your branch that fell onto his house, it was his branch. Anything hanging over or extending onto your neighbour's property is your neighbour's property. So much so that if he doesn't like the branch of your tree hanging over his property line, he has the legal right to cut the branch off without consulting you. And you the same to him.

So his own branch fell into his house, that's not your problem. He should have investigated his property line and potential damages prior to this event.

[StreetRacerX]

The branch that fell has already been cleaned up, after taking another look at it it shouldn't be too hard to twist it to the point in which its straight, hammer out any dents and screw it back in place, neighbor agreed and I'm going to look after it this Saturday.

[D. Dub]

Good on you for taking the high road.

[Rocket1k78]

Not sure if its been stated yet but according to global news last night, any damage to vehicles or homes from trees is the responsibility of the person with the damage and not the owner of the tree.

Good on you for stepping up tho streetracerx.

[FraserB]

Originally posted by Rocket1k78
Not sure if its been stated yet but according to global news last night, any damage to vehicles or homes from trees is the responsibility of the person with the damage and not the owner of the tree.

Good on you for stepping up tho streetracerx.

No, you're the first to bring up the fact that it is not the tree owner's responsibility. Thank you for clearing it up.:thumbsup:

[guessboi]

Yes file a claim under your own coverage.

[Mar]

Originally posted by Mar
If the branch was overhanging onto his property before it fell then it wasn't your branch that fell onto his house, it was his branch. Anything hanging over or extending onto your neighbour's property is your neighbour's property. So much so that if he doesn't like the branch of your tree hanging over his property line, he has the legal right to cut the branch off without consulting you. And you the same to him.

So his own branch fell into his house, that's not your problem. He should have investigated his property line and potential damages prior to this event.



Originally posted by FraserB


No, you're the first to bring up the fact that it is not the tree owner's responsibility. Thank you for clearing it up.:thumbsup:
Actually I was. :dunno:

[ercchry]

Originally posted by Mar




Actually I was. :dunno:

sarcasm detector in for repairs? :rofl:

[Stealth22]

Originally posted by ercchry
sarcasm detector in for repairs? :rofl:
http://brianadamspr.files.wordpress.com/2012/11/was-that-sarcasm.jpg

[Mar]

Originally posted by ercchry


sarcasm detector in for repairs? :rofl:

damnit

[leftwing]

Hypothetical question for Masked Bandit:

What if my neighbour has a big tree that is leaning precariously towards my house/garage/whatever and you ask them to cut it down or brace it to prevent it from falling. And they say no. This tree, if it were to fall would for sure hit and damage my property but it is not currently crossing the property boundaries. Now this tree appears to be strong and you have no reason to believe it will fall on its own, but who knows what nature will conjure up and you want to be safe.

If this tree happens to fall for whatever reason and damages my property, am I still on the hook despite acknowledging the hazard but having no real way to control it?

[Tik-Tok]

Originally posted by leftwing
Hypothetical question for Masked Bandit:

If this tree happens to fall for whatever reason and damages my property, am I still on the hook despite acknowledging the hazard but having no real way to control it? '

Judging by his previous post, yes. Unless the tree was actually dying/degrading and he knew about it.

[Thaco]

Originally posted by leftwing
Hypothetical question for Masked Bandit:

What if my neighbour has a big tree that is leaning precariously towards my house/garage/whatever and you ask them to cut it down or brace it to prevent it from falling. And they say no. This tree, if it were to fall would for sure hit and damage my property but it is not currently crossing the property boundaries. Now this tree appears to be strong and you have no reason to believe it will fall on its own, but who knows what nature will conjure up and you want to be safe.

If this tree happens to fall for whatever reason and damages my property, am I still on the hook despite acknowledging the hazard but having no real way to control it? plenty of ways to control it, chop that bitch down, neglect=fault.

[Masked Bandit]

Originally posted by leftwing
Hypothetical question for Masked Bandit:

What if my neighbour has a big tree that is leaning precariously towards my house/garage/whatever and you ask them to cut it down or brace it to prevent it from falling. And they say no. This tree, if it were to fall would for sure hit and damage my property but it is not currently crossing the property boundaries. Now this tree appears to be strong and you have no reason to believe it will fall on its own, but who knows what nature will conjure up and you want to be safe.

If this tree happens to fall for whatever reason and damages my property, am I still on the hook despite acknowledging the hazard but having no real way to control it?

Yep.