Insurance Companies (and people) Suck

[PyRo]

I work up this morning to a crash. Looking on the front driveway I found this.
http://img524.imageshack.us/img524/2427/branch19tp.jpg
The pictures don't show it but the hood and fender are smashed in and the windshield is cracked.

The offending tree
http://img68.imageshack.us/img68/7352/branch25yo.jpg

Missed the truck by a few inchs
http://img170.imageshack.us/img170/7952/branch38is.jpg


Now why do insurance companies suck? The insurance company says they won't cover cars that arn't registered and insured. This is after I spend a lot of time and money on that Camaro getting it ready to go back on the road.
People suck because it's actually my neighbors tree. We've been telling him for ten years now that it's unsafe and he needs to have it removed. It's actually hit three cars now. He refuses for no reason. Most likely he doesn't want to fork over the $600 they want to take it down and figured it's going to hit our house not his. In NY at least a tree falling is considered an act of God and he is not responsible so he figures he'll save some money. I'm going to call my uncle lawyer (same one who looted my grandfathers house) and ask if I can bring him to small claims court for the cars and the deductible on the house which insurance will cover.

[SlartyBartFast]

Well, you can't complain about your insurance not covering something that you didn't insure. :rolleyes:

Your only recourse is to take your neighbor to court and sue. If it has already happened and you can show the neighbour new the risks, I think you'd have a good case to prove his responsibility.

I'm sure there are applciable laws on how to deal with over-hanging and dangerous trees. Get the city inspectors involved.

Good luck.

[Maggot6]

You definetly have a chance at getting the money out of your neighbor.

If not, put on your nazi "bling" and push his tree over onto his house... :eek:
(complete sarcasm...)

[MarkM]

In my country insurance claims aside if a tree is overhanging my property I am fully entitled to remove all the parts over hanging and then return those parts to the owner of the roots by any means (throw them over the fence, leave on their doorstep etc etc) it wouldn't make for good neighbour relations but it is legal (here)

[bofh]

The insurance company says they won't cover cars that arn't registered and insured.

I'm not following you after this sentance.

[Pacifist_Farmer]

That could have fallen on a person, doesnt that warrant gross negligence or some sort of indifference?

Here in MA he would have legally had to remove the tree if it posed any sort of danger to person or property that was not his own. And if he has home owners insurance I would think they would very much like to have a potential lawsuit removed from his property, $600 is a lot less than $60,000 paid to a victim.

[PyRo]

I'm not following you after this sentance.
I'm talking about homeownes, not auto insurance.
If a tree fell on my Jeep (registered and insured) homeowners, not my auto insurance would cover it.


You can see in the first picture a big rotted out area on the branch.

I'm not looking to have my cars restored at his expense, have him remove the limb, or make any kind of money out of this. I just don't want to be out $1200 in damages to my vehicles because my neighbor was cheap.

[geekwarrior]

I'm talking about homeownes, not auto insurance.
If a tree fell on my Jeep (registered and insured) homeowners, not my auto insurance would cover it.


You can see in the first picture a big rotted out area on the branch.

I'm not looking to have my cars restored at his expense, have him remove the limb, or make any kind of money out of this. I just don't want to be out $1200 in damages to my vehicles because my neighbor was cheap.


shhhhii........sue him to restore your whole car. If he knew about it and refused to do anything, than he deserves to pay. $1200 isnt going to cover your time and expenses...I'd go for the max that small claims allows (3000?) or take it to the regular courts.

[PyRo]

shhhhii........sue him to restore your whole car. If he knew about it and refused to do anything, than he deserves to pay. $1200 isnt going to cover your time and expenses...I'd go for the max that small claims allows (3000?) or take it to the regular courts.
For not I don't want to get involved in big lawsuits. Their is no point, somthings broken I want it fixed. Nothing more. Now if for some reason they refuse to pay for the damages to the house (cracked sophet, missing shingles, broken aluminum gutter, broken coper gutter (very expensive gutter) and some other small damages to the house then we'll move to a regular court with a larger claim. I'd estimate the damages on the house around $1600, $1200 on my car.

Small claims court is quick and easy. Their is actually a pamphlet they pass out explaining the entire process, how to dress, how not to act, what to bring, what you can't bring into a court house, etc. I suppose they had too many people comming in in ripped jeans and unlaced boots who started screaming at each other. I think the filing fee is about $50, no lawyers are allowed in the court room, the whole process takes about two hours includeing fileing and actually going to court. Last I checked which was about four years ago the limit was $2200 in small claims.

[rkjunior303]

For not I don't want to get involved in big lawsuits. Their is no point, somthings broken I want it fixed. Nothing more. Now if for some reason they refuse to pay for the damages to the house (cracked sophet, missing shingles, broken aluminum gutter, broken coper gutter (very expensive gutter) and some other small damages to the house then we'll move to a regular court with a larger claim. I'd estimate the damages on the house around $1600, $1200 on my car.

Small claims court is quick and easy. Their is actually a pamphlet they pass out explaining the entire process, how to dress, how not to act, what to bring, what you can't bring into a court house, etc. I suppose they had too many people comming in in ripped jeans and unlaced boots who started screaming at each other. I think the filing fee is about $50, no lawyers are allowed in the court room, the whole process takes about two hours includeing fileing and actually going to court. Last I checked which was about four years ago the limit was $2200 in small claims.

but keep in mind, even if they rule for you in small claims they can't MAKE the person pay you.

[robnix]

but keep in mind, even if they rule for you in small claims they can't MAKE the person pay you.

Yes they can. Small claims is just as enforceable as any other judgement. The difference is that the court usually won't collect for you. In the county I work in for example, if payment isn't made within 30 days, you can make it a civil case where wage garnishment and seizure of property can both be used if necesarry to make sure payment is made.

[BeaverEater]

your car should be covered under homeowners insurace. My motorcycle is only insured for the summer months through auto, and homeowners during the winter. If u push them a little they might pay, but they will try their hardest not to pay you.

[Recon by Fire]

His tree. His homeowners. If they are giving you any grief have an attorney send them a letter. Likely just their adjuster blowing you off, it is their job. :mad:

[PyRo]

His tree. His homeowners. If they are giving you any grief have an attorney send them a letter. Likely just their adjuster blowing you off, it is their job. :mad:
It's an act of God. Theirfore his homeowners isn't responsible. If you're driving down the road and a tree from Mr. Smiths house falls on your car Mr. Smith is not responisble in any way shape or form for the damage. Your auto insurance will pay for it if you have full coverage, if not your SOL. The same with this, he is not responsible, my home owners has to pay for it. Taking him to court would be trying to prove that since he had knowlage the tree was unsafe it was negligence on his part that led to this act of God occuring. That shouldn't be to hard because although he never got a certified letter stateing the tree was dying which I wanted to send we have an insurance claim from the first car the tree hit, a repair bill from it hitting the house, and a police report from it hitting another car.

[neppo1345]

In my country insurance claims aside if a tree is overhanging my property I am fully entitled to remove all the parts over hanging and then return those parts to the owner of the roots by any means (throw them over the fence, leave on their doorstep etc etc) it wouldn't make for good neighbour relations but it is legal (here)

We had an issue with that and our neighbor.

It is in fact legal in the states as well.

[yeahthatsme]

It's an act of God. Theirfore his homeowners isn't responsible. If you're driving down the road and a tree from Mr. Smiths house falls on your car Mr. Smith is not responisble in any way shape or form for the damage. Your auto insurance will pay for it if you have full coverage, if not your SOL. The same with this, he is not responsible, my home owners has to pay for it. Taking him to court would be trying to prove that since he had knowlage the tree was unsafe it was negligence on his part that led to this act of God occuring. That shouldn't be to hard because although he never got a certified letter stateing the tree was dying which I wanted to send we have an insurance claim from the first car the tree hit, a repair bill from it hitting the house, and a police report from it hitting another car.


if this is true in your area pyro, mulch the branch and any other branches, and fill your neighbors car with the mulch. or just throw it in his yard.

[Coralis]

Actually if you had written proof that the tree was damaged sick etc and had written proof that the neighbor was aware of the tree then your neighbor would be negligent and this accident would not be considered an act of god. Which would make him liable for the damages. You should talk to a lawyer (as you have already mentioned) and mention that your worried about it falling on your house .... might not save you now but might save you money if it does fall on your house (god forbid)

[Recon by Fire]

It's an act of God. Theirfore his homeowners isn't responsible.



Is that what his insurance company told you? I worked in civil litigation for over 10 years as an investigator. You would be surprised what homeowners have paid on claims. It's up to you anyway.

[PyRo]

Is that what his insurance company told you? I worked in civil litigation for over 10 years as an investigator. You would be surprised what homeowners have paid on claims. It's up to you anyway.
His and mine said that.
When I told my insurance company about the previous incidents they said I could try to collect from his liability insurance or take him to small claims court and that I would be better off in small claims court since their wouldn't be any lawers involved. Once lawyers start getting involved it's not worth it to sue for that amount of money.

His insurance company when I told them about the previous incidents the person I was speaking to kind of shut up, said she'll look into it, and that was the end of the coversation. That makes me thing I have a decent claim.

[Recon by Fire]

Sounds like your insurance company doesn't want to get involved and his is just brushing you off. You have to decide how much the damage is and if it is worth going after. I would first try talking to your neighbor and asking him to pay for the damage, or if you don't think that is an option draft a demand letter and send it to him certified mail, then file in small claims/JP court. If the damage amount is more than i'm assuming here, then you will need to hire an attorney. A letter from an attorney can sometimes convince stingy adjusters to let loose with some funds or it will cost them more in defense. If it is worthwhile then file in county or district court. It is really just a equation of time+hassle=money. I have sen similar cases where insurance paid for neighbors tree casuing damage. I have also seen way out of control homeowners cases that reached exagerated limites beyond belief.

[PyRo]

Sounds like your insurance company doesn't want to get involved and his is just brushing you off. You have to decide how much the damage is and if it is worth going after. I would first try talking to your neighbor and asking him to pay for the damage, or if you don't think that is an option draft a demand letter and send it to him certified mail, then file in small claims/JP court. If the damage amount is more than i'm assuming here, then you will need to hire an attorney. A letter from an attorney can sometimes convince stingy adjusters to let loose with some funds or it will cost them more in defense. If it is worthwhile then file in county or district court. It is really just a equation of time+hassle=money. I have sen similar cases where insurance paid for neighbors tree casuing damage. I have also seen way out of control homeowners cases that reached exagerated limites beyond belief.
I'm looking for about $2,000. $1,000 to cover the deductible on our home owners and $1,000 - $1300 to cover the vechicles. I havn't moved the tree yet so I'm not completly sure of the damage.