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My dad passed away and I need this money. Is this legal? She's just being mean.
Additional Details
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Additional Details
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I don't have the receipts anymore. What can I do? It's under £50 but it's the principle mainly.
Additional Details
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ed b | Can I sue my neighbor for damages if his tree falls on my hottub? |
The tree destroyed the cover which cost $500. We were renting the house and did not have insurance. The neighbor said he would take care of it. He did by putting on an extension and a new deck on his house. I know his insurance co. paid him. |
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white_goth_11
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yes. |
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jakaela
 |
a tree in my backyard fell and put a hole through the roof of my neighbors garage. insurance did not cover it as it was deemed an 'act of nature'. as long as there was no negligence (e.g. the tree was easily and visibly decayed) then you probably won't win any lawsuit. |
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veteranpainter
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You certainly can!! |
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Dax
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This is America the most letigious country in the world.
Heck yeah you can sue.
If the trunk was on his side, then you have an open and shut case to sue him. You should be able to file a claim directly against his insurance company for damages. His homeowner's liability should cover your losses. Also you may try talking to him directly. It sounds like he defrauded his own insurance company. He may be willing to negotiate directly if he feels he can go to jail. |
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Amadeus
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The answer is "YES". You need to also report him to his insurance company for fraud.
Always get the last laugh, kick him where it hurts.
THAT SON_OF_A_BIT*H!!!!!!! |
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Kutekymmee
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yes. File a claim against his insurance. If you have pictures of the tree and the damage, even better. |
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hjkrol59
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contact a lawyer, take pics, or take him to small claims. the freedom of info act will help you in finding out if he recieved any monies from the accident. yes you can sue. |
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Bill
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Yes, you can sue your neighbor. You may or may not win depending on the circumstances.
I would stay away from bringing up the issue of the deck and the addition to the house. If he got money from his insurance company that would be a different claim than the one that you are interested in. It is highly unlikely that his insurance company gave him $500 for your pool cover. The insurance company would want to deal with you directly. So, your neighbor didn't pocket money that was intended for you.
I would stay away from suggesting that his claim was not legitimate. You could be sued for slander. If you say you're going to turn him in for fraud then you could be accused of blackmail. Stick to getting compensated for your pool cover.
There isn't enough information to judge your chance of winning. It the tree was healthy and fell during a sever windstorm your chances aren't all that great.
If the tree was visibly unhealthy and fell then your chances are better. Some insurance companies pay small claims to avoid litigation. Others deny small claims figuring that most people will just let it go. If you make a claim, maybe you'll get lucky.
Why no insurance? Or, do you just have coverage for the house and not contents? If you're renting a house you have exposure for the house, your liability is someone is hurt, loss of rent, and maybe some contents. Are you sure the hot tub isn't covered as an additional structure? If you have coverage on the house then its worth asking about.
If the cover is considered personal property and you have a homeowners policy on the place you currently live or rent then it may be covered under that policy. The typical homeowners / renters policy will cover your personal property (check for limitations there are usually some restrictions) regardless of where the property is located. |
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Jimmy A
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Yes you can sue. |
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snowflakes05
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um... if the tree was in his yard, like all of the roots and everything than yes you can, but if even a portion of the roots were in your yard then technically it was a shared tree and you can't sue him. |
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barryfl
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there is nothing to sue. its a covered loss. if a storm came by and blew down the tree into the homeowners house. its covered. falling objects usually are unless excluded by endorsement. |
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lisa
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Wait a minute.I have an unheard case of negligency, denial and retraction. I have a neighbor who actually acknowledged that his tree was going to fall and came to warn me and my neighbors about the danger. The tree fell as he told us and landed on my front yard and driveway crashing on top of my beautiful Blue Spruce and my driveway. He is liable because he knew the tree was going to fall and acknoledged if before the facts. He actually asked me and my neighbors to move our cars from the driveway to prevent damage. So we have plenty of withnesses. Now that the tree fell he says that this was an Act of God. Of course he realized of his stupidity of warning everyone by going from house to house and now he says he is not responsible and is in absolute denial. Sure he is responsible because an Act of God is not predictable. By asking us to move cars and objects from our property he was trying to decrease his liability. We are going to sue him if he does not pay for the removal of the tree and the property damages. |
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