My neighbors 75+ foot tree comes crashing into my yard

[jocstrap 8]

http://www.fftodayforums.com/forum/index.p...howtopic=341967

 

a continuation of this story...

 

 

So my neighbor comes over tonight and said he talked to his insurance agent - State Farm. Since the tree fell into my yard, I am responsible for my fence repair and cost of removing this tree. What a load of crap.

 

1) - I can either go buy/rent a chainsaw that I've never used, nor will I, and cut up this huge focker myself. Plus somehow move this gigantasaurus to the road after it's in 150 sawed pieces. Do you know how long this would take? Not to mention the pile would block the road once stacked. This is not an option - work has me 12 days in a row hosting a national tourney beginning Friday.

 

2) - pay a tree trimming company to come do the job at my expense

 

My neighbor is being very cool, he say's we'll work something out.

 

 

So if I saw down a tree in backyard and it smashes my neighbors house, oh well, sorry it's your fault. This happened on your property. BullSh!t

[jets24 6]

http://www.fftodayforums.com/forum/index.p...howtopic=341967

 

a continuation of this story...

So my neighbor comes over tonight and said he talked to his insurance agent - State Farm. Since the tree fell into my yard, I am responsible for my fence repair and cost of removing this tree. What a load of crap.

 

1) - I can either go buy/rent a chainsaw that I've never used, nor will I, and cut up this huge focker myself. Plus somehow move this gigantasaurus to the road after it's in 150 sawed pieces. Do you know how long this would take? Not to mention the pile would block the road once stacked. This is not an option - work has me 12 days in a row hosting a national tourney beginning Friday.

 

2) - pay a tree trimming company to come do the job at my expense

 

My neighbor is being very cool, he say's we'll work something out.

So if I saw down a tree in backyard and it smashes my neighbors house, oh well, sorry it's your fault. This happened on your property. BullSh!t

 

 

Actually, that's exactly what the law is. It's not B.S. Have you tried using your own homeowners insurance? Not sure what your deductible is. Maybe your neighbor will pay your deductible.

[MLCKAA 586]

I adjust Homeowner claims for a prominent insurer.

 

The question here is what caused the tree to fall. Was it caused by some negligence by your neighbor? If so, you should consider pursuing his liability insurance coverage.

 

If it was wind, weight of foliage, lightning, insect infestation or any number of other things that are beyond your neighbor's control, then you're on your own. Ownership of the tree doesn't make him legally liable for whatever happens if it falls. So, YOU have something in YOUR yard that YOU want cleaned up. YOU will need to man up and take care of your own business. Find someone who sells firewood and have them come over and cut it up and haul it. Or just leave it there.

 

You want input on your claim, drop me a note.

[jocstrap 8]

Actually, that's exactly what the law is. It's not B.S. Have you tried using your own homeowners insurance? Not sure what your deductible is. Maybe your neighbor will pay your deductible.

 

 

we will be contacting our agent tomorrow. Deductible - $500-1k I'm sure. I really don't want to claim anything since we had a house fire 4 years ago.

 

Yes my neighbor is being cool so I can't complain. Somehow I see a couple hundred bucks coming out of my wallet though

[GettnHuge 2]

we will be contacting our agent tomorrow. Deductible - $500-1k I'm sure. I really don't want to claim anything since we had a house fire 4 years ago.

 

Yes my neighbor is being cool so I can't complain. Somehow I see a couple hundred bucks coming out of my wallet though

 

somehow I see you getting dropped

[jocstrap 8]

I adjust Homeowner claims for a prominent insurer.

 

The question here is what caused the tree to fall. Was it caused by some negligence by your neighbor? If so, you should consider pursuing his liability insurance coverage.

 

If it was wind, weight of foliage, lightning, insect infestation or any number of other things that are beyond your neighbor's control, then you're on your own. Ownership of the tree doesn't make him legally liable for whatever happens if it falls. So, YOU have something in YOUR yard that YOU want cleaned up. YOU will need to man up and take care of your own business. Find someone who sells firewood and have them come over and cut it up and haul it. Or just leave it there.

 

You want input on your claim, drop me a note.

 

 

a freak wind event says the weather channel. Check the link in the original post. So it's up to me. Dammit

 

thanks for your insight MLCKAA - I suppose I'm going to get $1,000+ worth of firewood huh. I guess I have a 10 day evening project ahead of me to look forward to.

[jocstrap 8]

somehow I see you getting dropped

 

 

you know you like my posts - and I love your negativity:)

[TheNewGirl 1,638]

You want input on your claim, drop me a note.

 

 

I want input. Can I drop you a note?

 

[jocstrap 8]

I want insertion. Can I drop you a note?

 

 

 

[TheNewGirl 1,638]

 

 

Input...insertion...same difference.

 

[gocolts 300]

I adjust Homeowner claims for a prominent insurer.

 

The question here is what caused the tree to fall. Was it caused by some negligence by your neighbor? If so, you should consider pursuing his liability insurance coverage.

 

If it was wind, weight of foliage, lightning, insect infestation or any number of other things that are beyond your neighbor's control, then you're on your own. Ownership of the tree doesn't make him legally liable for whatever happens if it falls. So, YOU have something in YOUR yard that YOU want cleaned up. YOU will need to man up and take care of your own business. Find someone who sells firewood and have them come over and cut it up and haul it. Or just leave it there.

 

You want input on your claim, drop me a note.

I like this. If you just leave it there, maybe he will clean it up eventually.

[jets24 6]

I want input. Can I drop you a note?

 

 

DELETED

[jocstrap 8]

I like this. If you just leave it there, maybe he will clean it up eventually.

 

 

My son thinks it the coolest fort there is! The tree would stay if it was up to him

[BunnysBastatrds 2,706]

This same scenario played out many times during Katrina. A friend of mine had a neighbors two hundred year old oak tree hit his house, knoking it off the foundation. 100,000 grand! My tree fell in my neighbors yard also. The insurance companies throw around the phrase, "Act of God" a lot. The fact is, if there was nothing wrong with the tree that fell into your yard because of the storm, it was indeed an act of God and your responsibillity to clean up and fix what happend on your side. However, if the tree had termite or other insect damage that was obvious to the owner of the tree, he should have taken care of it. If the tree was dead or in need of repair because of age or listing due to bad ground, he should have taken care of it. If there was prior damage, like an old lightning strike, It's on him. I'm sure state laws are different. Contact the department of insurance in your state and see. Many Insurance companies will pass these facts off hoping you don't know or won't do your homework to find out what the laws are. 160 MPH winds knocked my tree down into my neighbors fence, and a small part of their roof. They had other damage that they filed so it was no big deal. We bought a chainsaw and went to work. Also, find out if the city you live in will pick up this kind of debris. There might be guidlines, but most will pick it up if you bundle it correctly.

 

State Farm sucks! BTW. They are the biggest liars and cheats when it comes to handling claims. All claims!!! Always do your homework when dealing with them. ALWAYS!!!

[jocstrap 8]

This same scenario played out many times during Katrina. A friend of mine had a neighbors two hundred year old oak tree hit his house, knoking it off the foundation. 100,000 grand! My tree fell in my neighbors yard also. The insurance companies throw around the phrase, "Act of God" a lot. The fact is, if there was nothing wrong with the tree that fell into your yard because of the storm, it was indeed an act of God and your responsibillity to clean up and fix what happend on your side. However, if the tree had termite or other insect damage that was obvious to the owner of the tree, he should have taken care of it. If the tree was dead or in need of repair because of age or listing due to bad ground, he should have taken care of it. If there was prior damage, like an old lightning strike, It's on him. I'm sure state laws are different. Contact the department of insurance in your state and see. Many Insurance companies will pass these facts off hoping you don't know or won't do your homework to find out what the laws are. 160 MPH winds knocked my tree down into my neighbors fence, and a small part of their roof. They had other damage that they filed so it was no big deal. We bought a chainsaw and went to work. Also, find out if the city you live in will pick up this kind of debris. There might be guidlines, but most will pick it up if you bundle it correctly.

 

State Farm sucks! BTW. They are the biggest liars and cheats when it comes to handling claims. All claims!!! Always do your homework when dealing with them. ALWAYS!!!

 

 

nice post bunnyb - this was one of those trees that shared the same root system, but had two main trunks/trees growning. They removed 1/2 of the tree a few years ago and this was the remaining half. There was barely any root system exposed from the ground at the base today. It was like there was nothing holding this monster in place. You see huge patches of earth at the trunks on a lot of fallen trees - not here. Looked like one root was was the main anchor.

 

Oh well, it is what it is. I'm accepting my responsibilities after all these posts. I have an unwanted project ahead of me

[Strike 6,032]

when I was 17 our neighbors tree fell right on top of my car, totaling it. He had the stump and everything else gone before you could blink so we couldn't prove that the damn thing was petrified. Had to get it covered by my car insurance. They call it an act of god. What can you do?

[Let Da Big Dog Eat 42]

Loud power tools that can cut off one of YOUR limbs easier than tree limbs are fun. Don't know what you're complaining about. I had a 60+ footer I wanted to take down a couple years back and called a fire wood selling guy. Asked him what size he wanted the pieces and what he would give me for them. He paid me enough to more than buy the chain saw. Showed up in my driveway with a log splitter and all gone in a couple of hours. Saved a bunch of the 4-8 inch wide pieces for my use. Didn't even haul but a little bit from site to driveway. Told him, "sorry, I got called into work." Oh well.

 

And, I walked away with a nice, shiny, loud, free, new piece of power equipment which gave my neighbors one less reason to ever want to fock with me.

 

Last, I only fell out of the tree once and landed in bushes so was not hurt. That was kinda fun too. Glad the chain saw had a kill switch and stuck in the tree.

[Korben Dallas 0]

One more thing you aren't going to want to hear. Unless you find some of our "southern friends" that hang out around home improvement locations, you are going to pay a heck of a lot more than a couple of hundred. I'd be planning on spending in the $1000 range if you contract it out.

 

Get the chain saw and rent a bobcat and go with the calling firewood guys to pick up plan.

[BunnysBastatrds 2,706]

nice post bunnyb - this was one of those trees that shared the same root system, but had two main trunks/trees growning. They removed 1/2 of the tree a few years ago and this was the remaining half. There was barely any root system exposed from the ground at the base today. It was like there was nothing holding this monster in place. You see huge patches of earth at the trunks on a lot of fallen trees - not here. Looked like one root was was the main anchor.

 

Oh well, it is what it is. I'm accepting my responsibilities after all these posts. I have an unwanted project ahead of me

 

 

Find out why the other main trunk wasn't taken down. Maybe the other half should have been removed. Why was that other half removed? Did your neighbor consult with an arborist? If so, find out who. If they recomended that the whole tree be taken down, and the neighbor didn't, you have a good argument. Also, there had to be a city permit involved with the removal of the other half. Look it up. It's public record. You will see who had the permit to take down the tree, and then contact them. You never know what they will tell you until you ask. Your neigbor might be being so cool beacause he knew that the other half should have come down. That's speculation, but ........................?

 

Just an idea and added info. I learned many lessons from Katrina, and I stand by them.

[TheBlade 3]

Loud power tools that can cut off one of YOUR limbs easier than tree limbs are fun. Don't know what you're complaining about. I had a 60+ footer I wanted to take down a couple years back and called a fire wood selling guy. Asked him what size he wanted the pieces and what he would give me for them. He paid me enough to more than buy the chain saw. Showed up in my driveway with a log splitter and all gone in a couple of hours. Saved a bunch of the 4-8 inch wide pieces for my use. Didn't even haul but a little bit from site to driveway. Told him, "sorry, I got called into work." Oh well.

 

And, I walked away with a nice, shiny, loud, free, new piece of power equipment which gave my neighbors one less reason to ever want to fock with me.

 

Last, I only fell out of the tree once and landed in bushes so was not hurt. That was kinda fun too. Glad the chain saw had a kill switch and stuck in the tree.

This post right here makes reading this whole thread worth it. This is good stuff right here, good stuff.

 

[Bill E. 703]

we will be contacting our agent tomorrow. Deductible - $500-1k I'm sure. I really don't want to claim anything since we had a house fire 4 years ago.

 

Yes my neighbor is being cool so I can't complain. Somehow I see a couple hundred bucks coming out of my wallet though

 

Did you look under the tree to see what it fell on? Maybe it smashed that old lawnmower that you were thinking of replacing, your kid's old bike, and a very expensive picnic table handmade by the Amish. It could have fallen on the annoying kid that keeps trying to date your daughter. Might not be so bad then.

[Yer mom 2]

Yeah, fock yeah. Thats your fault for buying a house next door to where theres a big tree that came crashing itno your yard. What the hells a matter with you?

[Bert 1,129]

http://www.fftodayforums.com/forum/index.p...howtopic=341967

 

a continuation of this story...

So my neighbor comes over tonight and said he talked to his insurance agent - State Farm. Since the tree fell into my yard, I am responsible for my fence repair and cost of removing this tree. What a load of crap.

 

1) - I can either go buy/rent a chainsaw that I've never used, nor will I, and cut up this huge focker myself. Plus somehow move this gigantasaurus to the road after it's in 150 sawed pieces. Do you know how long this would take? Not to mention the pile would block the road once stacked. This is not an option - work has me 12 days in a row hosting a national tourney beginning Friday.

 

2) - pay a tree trimming company to come do the job at my expense

 

My neighbor is being very cool, he say's we'll work something out.

So if I saw down a tree in backyard and it smashes my neighbors house, oh well, sorry it's your fault. This happened on your property. BullSh!t

 

 

The proper move is to hire a wetback or a redneck with a bulldozer and return your neighbors property to his yard.

[NorthernVike 2,100]

The proper move is to hire a wetback or a redneck with a bulldozer and return your neighbors property to his yard.

[tubby_mcgee 701]

I asked my insurance guy IF my neighbors tree fell on my garage....who's insurance would cover it. He told me that MY NEIGHBORS INSURANCE would.

 

And...I might add...that the tree is IN NEED of being removed anyway...because it's not in the best of shape. (Sort of like most you guys.)

[Bill E. 703]

I asked my insurance guy IF my neighbors tree fell on my garage....who's insurance would cover it. He told me that MY NEIGHBORS INSURANCE would.

 

And...I might add...that the tree is IN NEED of being removed anyway...because it's not in the best of shape. (Sort of like most you guys.)

 

I came home one day to see a tree sticking out of the roof of my tool shed. A 20 foot long branch from my neighbor's tree went through the roof of my shed. My insurance not his covered it. I never understood why but they said as long as it was not obvious that the tree was a hazard the property owner is responsible.

[SUXBNME 1,625]

Sooo...The little poosay tennis pro has never used a chainsaw, huh?

Not suprising

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[GettnHuge 2]

My neighbor is being very cool, he say's we'll work something out.

 

He's laughing at you right now.

[jocstrap 8]

Sooo...The little poosay tennis pro has never used a chainsaw, huh?

Not suprising

 

 

Nope, but I'm good with the electric hedge trimmers! Those are dangerous

[swirvenirvin 25]

Sucks so you should be able to make your neighbor cut a tree down that may fall from an act of God

[MLCKAA 586]

I want input. Can I drop you a note?

 

 

 

I'm certain I've made it clear you can have input or anything else you want from me.

[MLCKAA 586]

nice post bunnyb - this was one of those trees that shared the same root system, but had two main trunks/trees growning. They removed 1/2 of the tree a few years ago and this was the remaining half. There was barely any root system exposed from the ground at the base today. It was like there was nothing holding this monster in place. You see huge patches of earth at the trunks on a lot of fallen trees - not here. Looked like one root was was the main anchor.

 

Oh well, it is what it is. I'm accepting my responsibilities after all these posts. I have an unwanted project ahead of me

 

 

Bunnyb is sort of right, sort of wrong.

 

Say the tree had insect dmg-- that was likely unknown to the neighbor. Say it had root problems-- that was likely unknown. So, these facts don't change the outcome for you.

 

Now, if there was a known problem with the tree that was neglected, then you could attempt to make the argument that your neighbor was negligent and therefore legally liable. This might save you the deductible, but cost you in neighbor relations. Just be careful how zealously you go pursuing liability at the expense of a neighborly relationship.

 

If you'd ever expressed any concern over the condition of the tree or its status as a hazard to your property, then there's another avenue of arguing negligence to your neighbor's carrier.

 

Just remember that this is the guy who you want to come banging on your door when he sees smoke coming out the back windows or to call you when he sees your daughter sneak out of the house after dark. So, jeopardize it only if you must.

[jgcrawfish 232]

Bunnyb is sort of right, sort of wrong.

 

Say the tree had insect dmg-- that was likely unknown to the neighbor. Say it had root problems-- that was likely unknown. So, these facts don't change the outcome for you.

 

Now, if there was a known problem with the tree that was neglected, then you could attempt to make the argument that your neighbor was negligent and therefore legally liable. This might save you the deductible, but cost you in neighbor relations. Just be careful how zealously you go pursuing liability at the expense of a neighborly relationship.

 

If you'd ever expressed any concern over the condition of the tree or its status as a hazard to your property, then there's another avenue of arguing negligence to your neighbor's carrier.

 

Just remember that this is the guy who you want to come banging on your door when he sees smoke coming out the back windows or to call you when he sees your daughter sneak out of the house after dark. So, jeopardize it only if you must.

 

From experience, it's really hard to prove that it was a known dangerous condition that the tree was in and that it needed to be removed before the windstorm. Usually takes pictures of the tree with exposed roots or clear damage.

 

joc, you've actually been given some really good advice. we had a tree that fell in the property we were renting while our house was being built. property owner had two guys come out who cut all the small branches off and piled them out along the street for pickup. they then cut everything down to the roots essentially and did it for free, they just wanted the wood. i'm sure they were going to sell the cords of them which is what most of those guys do. Stop by any place that sells firewood on your way home from work and talk to them, i bet they know somebody who will come out and do it.

 

as far as the coverage goes, yup, it's your policy. however, there may be some coverage for cleanup. however, you can think of this sort of like plumbing pipe in your wall bursting when you're not home. insurance covers the damage the water does, but does not cover the repair of the problem itself unless it was caused by something accidental in nature. wind downing a tree is akin to an "Act of God of Nature" and isn't covered, but the damage it caused it, of course, less your deductible.

[jocstrap 8]

My neighbor will use his chainsaw

 

I will be the manual labor guy dragging limb after limb to the street

 

 

This Sucks

[NorthernVike 2,100]

My neighbor will use his chainsaw

 

I will be the manual labor guy dragging limb after limb to the street

This Sucks

 

 

Well, at least you were able to get all your friends to help you.

[jgcrawfish 232]

My neighbor will use his chainsaw

 

I will be the manual labor guy dragging limb after limb to the street

 

 

This Sucks

 

ah, so he's the male in neighborhood mixed doubles league...don't forget to wash your bloomers before the match this week.

[BunnysBastatrds 2,706]

My neighbor will use his chainsaw

 

I will be the manual labor guy dragging limb after limb to the street

 

 

This Sucks

 

 

It could be worse. Be glad it didn't fall into your house. That sucks! A two ton tree does very bad things to wood structures.

 

Call F.E.M.A and see what they say for sh!ts and giggles. Tell them you don't need a blue roof but a chain saw would be nice. A good friend got one after Katrina and he only lost two medium size trees that fell harmlessly into his yard.

[jocstrap 8]

ah, so he's the male in neighborhood mixed doubles league...don't forget to wash your bloomers before the match this week.

 

 

- - funny funny

[tikigods 77]

we had a house fire 4 years ago.

 

Now a tree falls through your fence? Maybe it's a sign to move.

 

What kind of tree is it?

[MLCKAA 586]

From experience, it's really hard to prove that it was a known dangerous condition that the tree was in and that it needed to be removed before the windstorm. Usually takes pictures of the tree with exposed roots or clear damage.

 

joc, you've actually been given some really good advice. we had a tree that fell in the property we were renting while our house was being built. property owner had two guys come out who cut all the small branches off and piled them out along the street for pickup. they then cut everything down to the roots essentially and did it for free, they just wanted the wood. i'm sure they were going to sell the cords of them which is what most of those guys do. Stop by any place that sells firewood on your way home from work and talk to them, i bet they know somebody who will come out and do it.

 

as far as the coverage goes, yup, it's your policy. however, there may be some coverage for cleanup. however, you can think of this sort of like plumbing pipe in your wall bursting when you're not home. insurance covers the damage the water does, but does not cover the repair of the problem itself unless it was caused by something accidental in nature. wind downing a tree is akin to an "Act of God of Nature" and isn't covered, but the damage it caused it, of course, less your deductible.

 

 

Yes, I forgot to ask if it damaged your fence or any other structures on your property. If so, there is a scenario for coverage. If no damage to any covered structure on your property, then there usually isn't any coverage for debris removal.