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    Need insurance/legal advice

    So I've had a bad string of luck here lately and I need some advice from the green screen.

    My wife and I rent a house and had a tree fall on my car parked in the driveway. The tree is on my neighbors side and a few months ago he had a tree service come out and trim up all the branches that hung over his house. They took it almost all the way to the trunk of the tree. Didn't even touch what was hanging over our house.

    Fast forward to Friday November 9th, we get a call from the lady across the street from us saying that a tree fell and it hit our house and my mustang. I wasn't expecting the WHOLE tree!

    With all the rain we have had, and all the weight of the tree being on one side, gravity won and down goes this monster tree. It knocked the porch loose, put a hole in the roof, and crushed the roof in on my car.

    Our landlord has issues with the neighbor who owns the tree and doesn't want to have anything to do with him. Said that he would rather his insurance pay for all the repairs on our house and whatever needs to be done to my car.

    Insurance came out and looked at my car, declared it totaled, but said that they wont pay me anything for it because it wasn't our landlords fault.

    I have no idea what route to go next because the neighbor refuses to talk to me or my landlord.

    Any recommendations would be greatly appreciated. I will add pictures shortly.

    #2
    Originally posted by bunkered13 View Post
    So I've had a bad string of luck here lately and I need some advice from the green screen.

    My wife and I rent a house and had a tree fall on my car parked in the driveway. The tree is on my neighbors side and a few months ago he had a tree service come out and trim up all the branches that hung over his house. They took it almost all the way to the trunk of the tree. Didn't even touch what was hanging over our house.

    Fast forward to Friday November 9th, we get a call from the lady across the street from us saying that a tree fell and it hit our house and my mustang. I wasn't expecting the WHOLE tree!

    With all the rain we have had, and all the weight of the tree being on one side, gravity won and down goes this monster tree. It knocked the porch loose, put a hole in the roof, and crushed the roof in on my car.

    Our landlord has issues with the neighbor who owns the tree and doesn't want to have anything to do with him. Said that he would rather his insurance pay for all the repairs on our house and whatever needs to be done to my car.

    Insurance came out and looked at my car, declared it totaled, but said that they wont pay me anything for it because it wasn't our landlords fault.

    I have no idea what route to go next because the neighbor refuses to talk to me or my landlord.

    Any recommendations would be greatly appreciated. I will add pictures shortly.
    Contact your car insurance company and file a claim. THat will get the ball rolling and their lawyers will go to work on your neighbor. In the meantime they should provide a rental car for you.

    Comment


      #3
      If you have full coverage on your vehicle, the vehicle should be covered under your comprehensive coverage.

      As far as his insurance paying for damages to your vehicle, that's correct. It's not covered under his dwelling policy that he rented out to you.

      If I were you, I'd try to have a civilized conversation with the neighbor in regards to damages to your vehicle. At the very least, maybe he would cover your deductible for your insurance

      Comment


        #4
        Originally posted by rtp View Post
        Contact your car insurance company and file a claim. THat will get the ball rolling and their lawyers will go to work on your neighbor. In the meantime they should provide a rental car for you.
        This exactly you do not have to deal with any of them let your insurance deal with him that’s what you pay them for.
        Your auto insurance may pay for the total vehicle but they will go after the responsible party it’s a no-fault claim on You!!!
        Deductible should be minimum


        Ron

        Comment


          #5
          Here are a few of the damage.
          Attached Files

          Comment


            #6
            I don't have full coverage on the car due to it being paid off and didn't drive it.

            My wife put the car "in storage" with insurance instead of paying full coverage on it because she lost her job and we were trying to cut costs everywhere we could.

            Since I don't have comprehensive on it, can I still file a claim and have my insurance go after the neighbor or will I have to pay for the damages to my car and have my insurance go up because of this?

            Comment


              #7
              Originally posted by bunkered13 View Post
              I don't have full coverage on the car due to it being paid off and didn't drive it.

              My wife put the car "in storage" with insurance instead of paying full coverage on it because she lost her job and we were trying to cut costs everywhere we could.

              Since I don't have comprehensive on it, can I still file a claim and have my insurance go after the neighbor or will I have to pay for the damages to my car and have my insurance go up because of this?

              Unfortunately without full coverage on the vehicle, youre more than likely stuck with footing the bill. Without having full coverage highly unlikely at all that your company will go into subrogation.

              Comment


                #8
                Originally posted by bunkered13 View Post
                I don't have full coverage on the car due to it being paid off and didn't drive it.

                My wife put the car "in storage" with insurance instead of paying full coverage on it because she lost her job and we were trying to cut costs everywhere we could.

                Since I don't have comprehensive on it, can I still file a claim and have my insurance go after the neighbor or will I have to pay for the damages to my car and have my insurance go up because of this?

                " in storage" typically means you will have comprehensive cov just not liab, and collision. Other wise the car is just not insured. So you would not have a policy....

                If you dont have a policy you are in a really bad spot. If you have comp pay the deductible and the insurance company will try to get your deductible and their expenses back.

                Comment


                  #9
                  Talk to the neighbor. If he won't help find out who his insurance company is and file a claim directly with them. if no insurance and not willing to help next step would be small claims court.

                  Comment


                    #10
                    Not n insurance nor a adjuster but if the neighbor tells you to go pound dirt, then personally i would get a lawyer after him. His tree his problem. Just my opinion.

                    Comment


                      #11
                      Your landlord is not responsible for the half of the tree that is on his property?


                      Sent from my iPhone using Tapatalk

                      Comment


                        #12
                        Originally posted by ladrones View Post
                        Your landlord is not responsible for the half of the tree that is on his property?


                        Sent from my iPhone using Tapatalk

                        No sir. Texas says that the owner of the tree is responsible for any damages that his tree or branches cause.

                        Comment


                          #13
                          sorry no advice on the car, but what about the tree in the back thats all trimmed on one side also? any plans for that one?

                          Comment


                            #14
                            Originally posted by Mudslinger View Post
                            Not n insurance nor a adjuster but if the neighbor tells you to go pound dirt, then personally i would get a lawyer after him. His tree his problem. Just my opinion.
                            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.

                            Comment


                              #15
                              Originally posted by Stuck View Post
                              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.
                              Yep! I think you're pretty much ******!

                              Comment

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