My neignbor's tree dropped down during Hurricane Ike and crushed my hand-cut "Just-like-my-wife's-Granny's" picket fence. MY insurance company paid for the damages, and told ME his company and he were not liable for this Act of God.
If you have to fight and sue to be compensated it isnt worth the effort. You obviously knew the tree was there when you parked your car in that spot. It is reasonable to expect you to know that some times trees do fall over. It is reasonable for you to have been aware that there was stormy weather. Like when it is going to rain and you go out and roll up the windows. When i bought my place i took a D8 cat and a chainsaw to all the trees because i knew that i was putting cars on the property and didnt want tree damage. Call it a act of god or not. It is more your fault for parking the car there than it was the neighbors fault that a storm blew the tree over. Remember the tree was there first and you knew that there was a tree in the vicinity . If your neighbor dont willingly pay forget about it. All a lawyer will do is take your money shake your hand and procrastinate. And you will most likely lose in the end. Better to spend that lawyer money fixing the car.
the homeowner is liable for the trees thaty are on their property reguardless of where the branches are in ND. he is liable for any damages to your property. In ND that is anyways.
If all else fails and you can't get him or his insurance to pony up the dough, do the next best thing: make a Barris styled bubble top kustom out of it! It may be a case of "when life gives you lemons, make lemonade". Just a thought.
Any part of a neighbor's tree that overhangs YOUR property and causes damages to YOUR property is YOUR problem, unless the neighbor's intentional actions caused to to fall; i.e cutting it down caused it to fall on YOUR stuff. That's the way every homeowner's policy I've ever seen is written. I'm in OK, and have seen quite a few! There really is nothing to debate here. The owner of the car is shit out of luck, and will have to pony up the cash himself to fix HIS car. YOUR State may vary slightly in this, but it's the way it is. The money wasted in pursuing a lawsuit would be better used fixing the car, because you won't see a penny from anyone. Fix the car, park it somewhere else, get it insured, file all of this in your "life's lessons learned" folder, and press on. No lawyerin' going on here, just the truth.
i dont care who you are, that there is funny! there will be no law suit filed, i still have good relations with my neibor. the car will get crush before i sue them. that said the car wont be crushed.
i cant beleive that me venting has turned into a 5 page thread! maybe Ryan should close this so somthing worthwile can have the bandwidth.
I would rather read this kind of stuff than a eulogy to a musician.....unless they had been run down by a hot rod.
Hell ill help bump it up some more... Thats what neighbors do.. we piss and moan about what the other guy is doing we bitch about thier dogs their trees and about em not mowing the fucking lawn.. I do have one right next to me that id like to shoot his daughters fucking pit bull when she brings it over and he is a slob and doesnt mow his lawn.. that said i say hello how are you everytime i see him cause he has never complained about my hot rods or bikes .. The other neighbors are great and they were the ones that told me to sue them for the tree damage! didnt happen... Now if you listen to all the experts out here your gonna just piss money away on laywer fees piss off the neighbor and you will most likely be called the asshole of the hood.. So.. you might fit in better here if you go that route .... Dave
I wish you were my neighbor - I couldn't say I wouldn't sue if they are at fault, trees need to be trimmed every couple of years so the branches don't get to heavy, thats why they fall. Get some info from a tree service about the condition of the tree.
CALL AN ARBORIST They can determine if the tree was deceased or not. In Oregon if ti is an act of god then each homeowners ins takes care of the damage from the dividing property lines. I had a tree9 200 ft.) fall across the road and take out the garage and the car in it. my ins paid for everything that was on my prop. The city took care of what was in the street and the neighbors ins took care of all their damage
Hopefully he's the kind of neighbor I would be. I even rake the leaves in next door if I know they fell from my trees. I took a 40 foot tower down just last weekend to avoid the chance it could be blown over and touch anything next door. If it had caused any damage, I'd have been knocking on his door to make things right before he even knew something happened. But then, that's the way us car guys are. Good Luck !
OK so i finally got registered browsed around a while ,then put it in PARK,, RIGHT hear, Made a coment .I THINK the moderators didnt like my first POST so they pulled it. It went something like this ..I mean something like ????? OK wheres the PISC of the tree falling on this 57 I FOR ONE HAVE NEVER SEEN A PICTURE .Wheres the PROOF
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