Are we going to be financially liable?

[annettemarie]

Last night we had 47 mph winds and a hundred year old tree in our yard got knocked over, landing on our neighbor's house. It also went through their roof in a couple places.

We called our homeowner's insurance and they basically said "It's not your problem, it's there's. It's their property and it was an act of nature."

The tree guys were here this morning and said the tree was rotted. I'm so scared and worried we're going to somehow end up having to pay for this. Anyone understand how insurance works in cases like this?

[texmati]

I have no idea... I would read over your homeowners policy carefully.

Are you on good terms with the neighbors?

[Caneel]

Here is what I was told by our insurance agent -

Our neighbors have three very large, dying hemlock trees. When/if they do fall, it will be on our garage (leaning over the garage as it is) We have talked to the neigbhors about it and they aren't that interested in cutting the trees down.

Our agent told us if they fall, it would be their (the neighbors) liability. He advised us to take pictures and save them just in case anything happens.

Being that you both have homeowners insurance, let the insurance agents handle it. One or the other will pay and they (the insurance companies) will fight it out themselves.

[StormySar]

I'm not the OP, but I'm wondering if they'd need to pay their deductible to file a claim for an act of nature? Either one of them really, I guess I'm asking for my own curiosity. We just became homeowners and I'm curious about how 'acts of nature' typically effect policies. Do rates raise after filing a claim even if there is no one at fault?

[Caneel]

Originally Posted by StormySar

I'm not the OP, but I'm wondering if they'd need to pay their deductible to file a claim for an act of nature? Either one of them really, I guess I'm asking for my own curiosity. We just became homeowners and I'm curious about how 'acts of nature' typically effect policies. Do rates raise after filing a claim even if there is no one at fault?

No idea on the deductible but I don't think rates would go up for an act of nature.

[yeahwhat]

Your insurance probably has a liability component which should cover their house repairs. I assume they've called their insurance co. and their co. will contact yours.

[CallMeMommy]

Originally Posted by Caneel

Here is what I was told by our insurance agent -

Our neighbors have three very large, dying hemlock trees. When/if they do fall, it will be on our garage (leaning over the garage as it is) We have talked to the neigbhors about it and they aren't that interested in cutting the trees down.

I *think*, but I could be wrong, that if the trees are in your "airspace" you can cut off what's hanging into your property. Your property line doesn't end on the ground, it extends up into the air. I'd totally see about cutting off what's hanging over your garage.

[nd_deadhead]

We had several trees go diwn in a windstorm a few years ago. A neighbor's tree landed on our house, tearing off a few shigles and the gutter before sliding off the fence and landing on our fence.

Even though it was their tree, once it landed in our yard, it became our problem, both to remove the tree and to repair the damage (but because they are good neighbors and friends, we cut up the tree - as well as two others in our yard - together).

Our insurance paid for the repairs, though we probably had to pay the deductible. My insurance agent never asked for the neighbor's insurance information.

[annettemarie]

We're on so-so terms with our neighbors. We have four noisy messy kids and their yard is REALLY neat. But the wife, at least, has been very sweet. She's joking and laughing and she gave me a big hug.

My husband said maybe we could offer to pay their deductable, but really, it depends on how much it is. We don't have tons of extra money floating around.

I do feel absolutely awful.

[TwinMomPlus]

It absolutely is considered an "Act of God" and not your fault.

Now if the tree has been losing branches and half knocked over for months and you did nothing about it, that is your fault. But if you appeared structurally sound then you will not be liable.

Sucks for your neighbor tho. But these things happen

[Eman'smom]

Try not to worry and let the insurance companies figure it out.

A little OT, but we had an act of God hailstorm that distroyed our roof, we were still required to pay the dec.

[caiesmommy]

Totally off topic. But my neighbour has HUGE trees that during every wind storm I pray that they will fall and land on to our house...of course w/out us in it lol

[mommajb]

If you make a claim it doesn't usually matter what for; it may not affect your rates but it might affect other companies being willing to take you on as a client fo a period of time, like say 5 years. We had a new roof after a nasty hailstorm and really don't like our current company but are stuck for a while.

[Irishmommy]

Don't offer to pay anything! It could be an admission of liability.

[TwinMomPlus]

Originally Posted by caiesmommy

Totally off topic. But my neighbour has HUGE trees that during every wind storm I pray that they will fall and land on to our house...of course w/out us in it lol

LOL! Why? You would be responsible, not your neighbor. That is what everyone here is telling the OP.

Originally Posted by Irishmommy

Don't offer to pay anything! It could be an admission of liability.

Agreed! Maybe when it is all said and done, you can bake them something to apologize.

[Kristine233]

Originally Posted by TwinMomPlus

LOL! Why? You would be responsible, not your neighbor. That is what everyone here is telling the OP.

Because sometimes the deductible is a lot cheaper than the price to fix other stuff. We're praying for a hailstorm to ruin our roof... the $500 deductible is cheaper than the $10k cost to replace our roof. Even if they only pro-rated the roof it would be a heck of a lot cheaper. lmao

[TwinMomPlus]

LOL! Okay, I can see your logic! hehe

[MCatLvrMom2A&X]

Here you are responsible for the trees on your land to the extent that if the branches fall into the neighbors yard you are responsible for picking them up. Any damage they cause when they fall you are responsible for. So a tree falling on a neighbors house would be something you would have to pay for.

[velochic]

Originally Posted by Kristine233

Because sometimes the deductible is a lot cheaper than the price to fix other stuff. We're praying for a hailstorm to ruin our roof... the $500 deductible is cheaper than the $10k cost to replace our roof. Even if they only pro-rated the roof it would be a heck of a lot cheaper. lmao

Umm... it doesn't work that way (ask me how I know ). We had straightline winds last year that tore off a bunch of shingles, then hail during the same storm that damaged the roof. When we called the insurance company, they said that the roof was already in need of replacing and they would not file a claim on it. Based on the age of the roof, they would give us nothing... not even pro-rated.

In other words, if your roof is at the end of its life, they aren't going to give you $10,000 to put a brand new roof on if it gets damaged. I doubt they would even pay anything.

[cschick]

Originally Posted by velochic

Umm... it doesn't work that way (ask me how I know ). We had straightline winds last year that tore off a bunch of shingles, then hail during the same storm that damaged the roof. When we called the insurance company, they said that the roof was already in need of replacing and they would not file a claim on it. Based on the age of the roof, they would give us nothing... not even pro-rated.

In other words, if your roof is at the end of its life, they aren't going to give you $10,000 to put a brand new roof on if it gets damaged. I doubt they would even pay anything.

Yeah, this. My parents have a house with an older roof on it, and suffered both hail damage and some torn-off shingles during a storm last summer. They didn't get anything for that--because the insurance would only "pay" for someone to nail some new shingles up there to replace the damaged/missing ones (and that was under the cost of their deductible).

They're paying the ~15K this year to have the roof replaced (the 15K is a bit more than having the roof replaced--their gutters need to be replaced as well, and their addition needs to have some outside flashing work done as well).