Need insurance/legal advice

[BuckSmasher]

Not true. Unless the tree has been dead for some time and can prove negligence on the neighbors part for not removing the tree it is not his responsibility. The tree was alive and well so it will be viewed as an act of God with no one being responsible for the accident. Only variable here is that the tree was just trimmed on one side, that would be your only argument.

This. Healthy green tree is usually considered an act of God.

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[HDWRENCH]

Well I have had a vehicle damage while i had Storage insurance on it . It was fully covered . That tree damaging the car should be covered , as you where not driving the car , it was in fact parked and not in a auto accident . But I lived in AZ at the time but one would think

as storage is just comp coverage , fire theft damage vandalism etc

[TheHammer]

This. Healthy green tree is usually considered an act of God.

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Yep, just went through this exact case. Green living tree = act of God. 100% covered, after the deductible is paid.

[bunkered13]

I see some green on the tree but I don't know what is considered a "sound living tree." There are branches that have fallen down on both properties, but nothing has been damaged because of it. My thought is there must have been a known issue or safety concern with it for my neighbor to have his side of the tree completely trimmed.

Does this count as a Dead tree?

[kurt68]

Yup, my neighbor had his neighbors behind him tree fall through his roof, if you haven't said anything to him about it being dangerous or dead, it was considered an Act of God.

[Stuck]

I see some green on the tree but I don't know what is considered a "sound living tree." There are branches that have fallen down on both properties, but nothing has been damaged because of it. My thought is there must have been a known issue or safety concern with it for my neighbor to have his side of the tree completely trimmed.

Does this count as a Dead tree?

No. It’s equivalent to hail damage or if a tornado took it to the other side of town.
Insurance sucks until you need it, and it sucks a lot of times then too.

[BuckSmasher]

Insurance sucks until you need it, and it sucks a lot of times then too.

True, unfortunately.

[Carpe_diem]

I'm sorry you've been having some bad luck lately...
I suggest you submit a claim on the auto policy that covers the Mustang. If that claim is denied, you can PM me and attach a copy of the denial letter from your insurance company and I will look at it for you.

[BigWes]

Bunkered, have you called your insurance agent yet? It depends on how much coverage they kept when you "stored" the car. Sometimes they will keep Comprehensive, sometimes that and Collision coverage if the car still has a loan. If you have Comprehensive coverage, it will be covered and Comprehensive claims are not your fault therefore no surcharges will be applied to your policy. Don't assume, get facts.

If you file a claim and it's denied, then you are going to have a difficult time. First hurdle, the tree appears to be green and healthy. Like others have stated, it's going to be difficult to prove negligence on your neighbors part. However, if the company that did the trimming, only did one side, thereby causing an imbalance in the tree, it could be their responsibility. That's the next place I would go. If they or their insurance give you the cold shoulder, I would lawyer up. A tree trimming company should know better than to trim a tree so that there is an imbalance and should have trimmed it accordingly. It doesn't matter what side of the property line the limbs are on, if the trunk is on his property, it's his responsibility, he paid a professional to do maintenance and they did it improperly.

[TeamAmerica]

Sorry to hear bud. Sounds like it will be a tough road. I just picked up liability coverage on a 2005 car and it saves a ton of money but basically covers zero. I park it in the garage since hail and theft (and falling trees) are not covered while my newer fully covered cars sit outside (just a thought).

Doubtful that the neighbor will be liable for any of this. Hope you can make the best out of the situation.

[tigerscowboy]

I've had a similar situation. I paid my deductible for my vehicle to be repaired. My insurance company went after the party deemed responsible. I didn't have to have a negative conversation with anyone. I even rec'd a refund for my deductible about 10 months later.

[bunkered13]

UPDATE>>>>>

The car was totaled out. I was able to take off a few things from it (turbo setup, nitrous, wheels, ect) but didn't have time to pull off all the suspension.

Turns out the person at USAA that updated our policy removed the comprehensive coverage by accident. After pleading our case with insurance about it, they pulled the tape of the call conversation and realized the mistake.

After a $500 deductible, we will receive payment for the car. My wife isn't very happy, pretty emotional about the whole thing because she loved the car and pregnant with our first. But im trying to think positively about the whole ordeal. Now I have a few bucks I can put towards our 62 nova and be able to bring home our little one from the hospital in May.

Thank everyone for the input on this whole deal.

[gingib]

Lesson learned

[Pstraw]

Glad you got everything resolved. Personally, I don't talk to any insurance people except my own. Things like this is what they get paid to do.