Big ass tree branch fell from my yard to neighbor yard...

[policywunk]

Not storm or wind related.Damage is mostly debris removal but looks like some damage to her shed.probably around 2000.00 to clean up and repair shingles on her shed.My tree limb were overhanging her yard and she had made a comment previously that branch looked rotten but nothing in writing.There appears to be some rot in branch but tree is not dead.She is insisting I gave her my insurance info so her state farm can subrocate.Do I need to do this?If possible I would like to not have this go through my insurance.is it too late to settle directly with her once she files a claim? Haven't spoke with my agent yet.I am on speaking terms with my neighbor but she is quite the Karen.

 

[fed up]

A) If she was that concerned she could have removed the dead branch from the tree but was hoping that you would cut down the tree and save her the cost
B) not too late to pay for it but if she has already placed a claim it is on her policy and could affect her down the road
C) with nothing in writing she has no proof that she alerted you to the issue and her policy will pay for the damage
D) Her carrier could find out who your carrier is and try to subrogate but without anything in writing from her about the issue, good luck with that.
E) her policy pays for events on her property
F) Insurance policies traditionally pay to remove the tree from the piece of covered property, ie: get the branch off the shed, but do not cover cut up and removal of said tree branch.

 

[policywunk]

A) If she was that concerned she could have removed the dead branch from the tree but was hoping that you would cut down the tree and save her the cost
B) not too late to pay for it but if she has already placed a claim it is on her policy and could affect her down the road
C) with nothing in writing she has no proof that she alerted you to the issue and her policy will pay for the damage
D) Her carrier could find out who your carrier is and try to subrogate but without anything in writing from her about the issue, good luck with that.
E) her policy pays for events on her property
F) Insurance policies traditionally pay to remove the tree from the piece of covered property, ie: get the branch off the shed, but do not cover cut up and removal of said tree branch.

Thanks,best answer I have ever received to a question here!

 

[adjusterjack]

Let's talk about negligence first.

My tree limb were overhanging her yard and she had made a comment previously that branch looked rotten but nothing in writing. There appears to be some rot in branch

You were warned about a hazardous condition that could potentially cause damage and you ignored the warning. The branch fell and damage the property of the neighbor. That's the textbook definition of negligence. You owe her for the damages.

Will you lie about your knowledge of the condition? To your insurance? To the court?

She is insisting I gave her my insurance info so her state farm can subrogate. Do I need to do this?

No. But if you don't you risk getting sued and you may have to get your insurance involved any way unless you wanted pay for your own defense and then pay a judgment if you lost.

If possible I would like to not have this go through my insurance.

Then pay her what you owe her.

.is it too late to settle directly with her once she files a claim?

There would be no incentive for her to settle once the claim is on her policy record.

.I am on speaking terms with my neighbor but she is quite the Karen.

You call her a Karen because she wants to be compensated for damage you caused by your negligence? Doesn't say much about your character, does it?

 

[policywunk]

Let's talk about negligence first.



You were warned about a hazardous condition that could potentially cause damage and you ignored the warning. The branch fell and damage the property of the neighbor. That's the textbook definition of negligence. You owe her for the damages.

Will you lie about your knowledge of the condition? To your insurance? To the court?



No. But if you don't you risk getting sued and you may have to get your insurance involved any way unless you wanted pay for your own defense and then pay a judgment if you lost.



Then pay her what you owe her.



There would be no incentive for her to settle once the claim is on her policy record.



You call her a Karen because she wants to be compensated for damage you caused by your negligence? Doesn't say much about your character, does it?

I called her karen because instead of trying to settle this between us last night when it happened she went full insurance claim on me.I could remove the limbs myself from her back yard but I would also be willing to pay for someone to do it and repair her shed shingles.Most of the limb is in my yard.Cost total for both yards to remove debri and fix some shingles on her shed is probably less than 2000.00.She is making a claim for about 1000 to her benefit.I guess I should start warning my other neighbors about there big branches hovering over my property line.

 

[Markthebroker]

I don't know that much about trees, but what is an Ass Tree?

 

[Tahoe Ray]

I don't know that much about trees, but what is an Ass Tree?

Damn...scrolled down to post the same. Nicely done.

 

[policywunk]

[

I don't know that much about trees, but what is an Ass Tree?

A thing to put butts in.

 

[Markthebroker]

Damn...scrolled down to post the same. Nicely done.

Don't worry, beat me on the next one!

 

[LostDollar]

I don't know that much about trees, but what is an Ass Tree?

Damn...scrolled down to post the same. Nicely done.

This isn't the FE forum. You could be nice to OP.

He is just overwrought from dealing with a litigious type neighbor. (I am equating "throwing insurance at the situation" to "throwing a lawsuit at the situation".) Fear or greed, rather than old timey neighboring, are at play here.

He has a large ash tree. While he was typing, the emotional pressure of the situation in his yard translated "large" to a more easily expressed and typed "big" and then caused the accidental second depression of the "s" key instead of the correct "h" key.