Insurance Companies (and people) Suck

[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.