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Mike B | Neighbor's gigantic tree falls on my garage. In PA.? |
know this.
My insurance company will pay for the damage to my garage.
Who pays for the removal of the tree?
They say it is an "Act of God" so the person who's garage it is on has to pay for it. This tree is so large that it is on my garage crosses my yard into two other yards and probably will cause more damage as it is cut down by a profesional.
The owner of the tree is getting away "scott free'.
Am I also responsible for other neighbor's property when I or hopefully my insurance company pays to cut down my neighbors's tree?
Additional Details
Thank's for responses.
More details.
Owner of tree bought house 3 weeks ago.
Tree Owner planned on getting it cut down anyway Atleast that is what they told me initailly after it fell.
The "Act of God" term came from the tree owner not the adjuster.
Myself and adjuster assumed tree owner to take care of removal because it didn't actually hit the ground yet. It is resting ontop of my garage and also being held up by a third neighbor's tree.
If I cut down the portion on my garage and what falls in my yard. 3rd and 4rth neighbors will have debree in their yards. I guess they will have to hire someone too.
The insurance law here is pretty stupid. here.
About raking up their leaves. That is a "jerk" comment. We are talking about an 80 foot tree that will cost about $2500 to remove.
The final "Act of God' will direct me to cut the tree off my garage and throw all the debris in their yard. If something of mine blew into my neighbor's yard I would want it back too |
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mbrcatz
|
Your insurance probably pays for removal of part of the tree, on the garage. You pay for tree removal, for part of the tree on your land. Your neighbor pays for the tree removal for the part of the tree on their land.
Homeowners policies don't say "act of God". They neither cover, nor exclude, "act of God". It's not an insurance term.
You aren't responsible for their property, they aren't responsible for yours. Trees grow.
Your policy probably won't pay the full amount, to cut down the part of the tree on your garage - it's usually limited to $250 or $500. Your policy won't pay to rake up leaves that fall, either. And your neighbor isn't responsible for that, either. You rake and take care of your yard. He rakes and take care of his yard.
I know you're angry about the tree. But home ownership does have some maintenance and repair costs. Policies don't cover EVERYTHING. Just because something bad happens, doesn't mean someone ELSE has to pay for it. Downed trees are just part of the maintenance costs. |
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Tim
|
If the insurance company does not cover it then the neighbor is responsible.
Even though it is an act of God. It was still a tree on their property. |
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fighting saints
|
The owner of the tree is not getting off "scott free" unless they knew the tree was rotting and refused to have it cut down. If that is not the case, then neither they or their insurance are legally liable to pay.
They or the insurance do not automatically owe just because the tree was on their property. In order for their policy to kick in the neighbor has to be negligent in some way. Your policy works the same way.
Neither you or your insurance has to pay anything to any other neighbors since you also were not negligent.
I have handled a couple of claims like this in the past and I just tried to get all three insurance companies to agree to hire one tree cutting company and each of them pay their share. That way it is much easier to handle.
Good Luck |
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barryfl
 |
additionally-the tree needs to cause damage to covered property to be paid. if its just leaning on the structure causing no damage-the adjuster could deny it (but usually wont). the limit is usually $500 to cut up and dispose of the tree on your property, however, there isnt usually a limit to have the tree lifted off the damaged covered property. SO-if you have a broken down bill that says $2000 to lift the tree off the roof (because you need a crane for example) and its $500 to cut up the debris and move it out front for removal-your good to go. |
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Scarlett
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It's the neighbors responsibility. I would definately push the issue on this one. Best of luck! |
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NONAME
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