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-ya...ble-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/pers..._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/calgar...ions-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/calgar...ions-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/calgar...ions-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!

[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.

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....