Home or Auto Claim

nyc2phi

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Neighbors tree fell on a car. I understand that most likely it is not the neighbors insurance that pays however is this a homeowners or auto claim that should be filed for damages to the car?

Comp claim right ?
 
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Neighbors tree fell on a car. I understand that most likely it is not the neighbors insurance that pays however is this a homeowners or auto claim that should be filed for damages to the car?

Comp claim right ?

More likely a comp claim and if the tree belong to the neighbor the car insurance comp can after the home policy and if they win can get the ded back.:goofy::swoon:
 
Auto policy comp claim, most likely no subrogation back to the home.

Only way they can go after the homeowner is if they knew there was something that would cause the tree to fall. If it fell because of wind (or the car running into it), then the homeowner doesn't have liability.

I've been through this claim a number of times...... Only once did the homeowners policy pay out and it was because the tree was sick and dying, and while the homeowners never really thought about it, it was reasonable that they should have known something was wrong with the tree.

Dan
 
DJS,

Did you need an arborist report and paper/email detailing that someone told them it was dying?

I have this problem with my house right now. I called and spoke to neighbors about this giant tree who is sick and rotting also having a hornets nest inside is going to get us hurt. My dog and kids are not allow to go near it because it will come on and sting my dog to death.

They allow us to get rid of it FOR them but not to co share the cost. Even tho the tree is theres and extends onto our property from growth. This is a huge tree like 25ft high and ill say 3-4ft in diameter, but its looks sick and i even had a arborist come out to take a look. Quoted me 5k to get rid of it, but its not my tree, i can not take it down without the neighbors written consent.

Trying to get a documentation of notifying them nicely so i can have for future use. They wont give me their email though, and i dont think sending a certified letter is a "nice" way of letting them know.
 
Didn't take much, it was actually just the claims adjuster who came out for the 'home' claim that was made that said that normally it is on the auto policy, but this tree had problems and he would pay the claim.

It was obvious to the adjuster because it uprooted the root ball which was much, much smaller than it should have been. Mind you, the neighborhood had already cut the tree up to get it off the car, so my hat goes off to the adjuster in this case.

In your case, just take a few pictures and document a conversation or 2. It won't take much if the tree can be shown as a history of problems.

Dan
 
I've got a house in NY where the tree is literally leaning on my house and had the city cite him. I'd love for him to just ditch it, but I suspect that's not going to happen. It's a landlord policy so I don't think it'll cover anything if it falls, probably cheaper to deal with the damage than take the tree down, but I don't want to deal with it when the snow comes so that's going to be an adventure.
 
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