In Philadelphia PA. A large tree in our immediate neighbors yard, fell because of the most recent snow storm. It damaged our fence, well within the deductible. Property manager of the property indicates the owners want us to contact our home owners insurance and then they'll split the deductible with us. I don't want to do that, coz the damage is well within our $1K deductible, and I don't want that on my homeowners insurance history. Their is very little clean up on our side, just a few busted fence panels.
There is a 2nd tree that is closer to our house, is leaning the same way the other was, and is poised to do far more damage. The tree crosses over into our property line, and as I understand it, I am within my rights to take it down to the property line. I'd like the neighbors to do that, and I feel that if they don't since I have pointed it out since I have their ear about the previous damage, might they be considered negligent? I don't know much abut insurance and neighbors, but I glean that the negligence portion is important to establish.
Many questions: How does one establish negligence? Just keep a record of emails and text? is negligence that important? What am I missing in my thinking? Thoughts on best way to approach them about this 2nd tree? Would splitting the deductible be a decent outcome, or should they be liable for everything? Thanks!
neighbors tree fell, damaging our property. 2nd tree threatens – best approach?
byu/Mikefilmguy inInsurance
Posted by Mikefilmguy
1 Comment
Most likely they don’t owe you anything related to damages from the first tree. Not their fault a snow storm knocked the tree down, as in, there doesn’t appear to be legal liability there. So if they want to compensate you, that’s great, but they probably have no obligation to. This is not an ‘insurance’ issue, but a legal liability one.
It really depends what’s really going on with this 2nd tree. Is it not healthy? You can check your local laws, but generally you are permitted to trim a tree that overhangs your property. You can certainly work with your neighbor on the removal of 2nd tree if you feel it could harm your property, they seem amendable so far. You do want to create a paper trail, more than likely you’ll need an arborist or expert inspection of the tree. But even so, it could be difficult to establish liability on your neighbor if the tree and/or a branch falls.