Is Neighbor Responsible For Fixing My Car If A Rotten Tree Of His Fell On It?

A tree fell from my neighbors yard and damaged my car, it was rotten he had knowledge that it was. Is he responsible fir getting my car fixed?

  1. 37376 POINTS
    David G. Pipes, CLU®, RICP®
    Business Development Officer, T.D. McNeil Insurance Services, Fresno, California
    That might be an issue that requires litigation.  You can notify the neighbor that you are going to litigate.  The neighbor can contact his homeowner’s insurance company and they can either litigate with you or offer you a settlement that you accept.  It really isn’t a matter of recriminations; it is just a matter of settling who is at fault if anyone.  Sometimes a court will accept such a scenario as an “act of God.”
    Answered on June 30, 2014
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  2. 21750 POINTS
    Jim Winkler
    CEO/Owner, Winkler Financial Group, Houston, Texas
    That is a great question! You've got a troublesome situation on your hands, Do you have proof that the tree was rotten, and proof that the neighbor was aware? Hopefully your neighbor will be good about it, and submit the claim for your damage without any fuss, but if he doesn't, you are probably going to have to go the route of having your insurance company fight for the claim, or take him to court. If the fault can be proven to be the neighbors, you should come out ok. Good luck, and thanks for asking!
    Answered on July 1, 2014
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  3. 14231 POINTS
    Tom Sheehan
    Agency Owner, The Thomas G Sheehan Agency, 27 Glen Road Sandy Hook, CT 06482
    The issue comes down to the famous question, "what did he know and when did he know it?" followed by "what did he do about it?"  If Your neighbor knew about the condition of the tree, and that can be documented, and then did nothing to remove the tree or it's damaged parts, then if it fell and caused damage to your car, your neighbor would be legally liable for that damage.  The liability portion of his Homeowners' policy would provide coverage for such a loss as a result of his negligence.
    Answered on July 2, 2014
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