This Doesn't Feel Right

[Old_Demon]

Yesterday evening, about 6PM, one of my trees that's right at the property line came down and fell across my neighbor's fence into his yard. This was not a small tree, it was an oak that I measured the circumference 18" above the ground at 11-1/2 feet and stood about 80 feet tall. I didn't know it but the center of the tree was rotten and hollowed out at the bottom. You couldn't tell by looking at it and it was alive and had plenty of green leaves.

Here's the part that doesn't feel right. I sent my insurance company pictures of the tree and their determination was that I could not have known the tree was diseased/damaged internally so there is no negligence on my part and they have no obligation to pay for the tree removal and fence repair. I spoke to my neighbor and he said it was an act of God and had already scheduled a tree removal service to cut it up and remove it for a cost of $1500. I offered to pay for it or at least split the cost with him but he just said it wasn't anyone's fault and he's paying for it. I'm going to talk to him again tomorrow to see if he'll let me at least share in the cost.

It just doesn't make sense to me that a tree on my property crashes onto his property and he's stuck with the cleanup and repair costs. Here's a couple of pictures of the tree.

 

[CEHollier]

WOW! Lucky it didn't land on someone's house.

 

[davidd]

They are correct. As long as it could not be reasonably foreseen that the tree was rotten, it is considered an Act of God by the insurance company. After Gustav, I paid to have three of one neighbor's trees removed from my property, while the other neighbor paid to have two of mine removed.

 

[Cat]

Demon, have you ever performed an act of goodwill for your neighbor? Maybe, if what you'd done equals out then I'd let him because it puts you as "even". I'm not saying that because it's the easy way out. I'm suggesting that because as hard as it is, if someone wants to pay back a favor, it's nicer to let them than to argue about it. Ya know?

If you haven't, maybe ask his opinion on a fence and make it pretty on *both* sides. I see the railing is visible on his side.

Kids in high school? Maybe a CD or something in their name for college. Season tickets to the LSU games if they're fans (I have no idea how much those cost).

 

[audioshooter]

This is seen all the time with old oak trees. Alot of the really big huge ones have a hollow spot inside large enough to stand in.

 

[geauxbubba]

Who is your insurance company? They sure were quick at determining from some pictures that they are not paying for anything. What if it fell the other way and it landed on your house? Would you have gotten the same story?

 

[Old_Demon]

Demon, have you ever performed an act of goodwill for your neighbor? Maybe, if what you'd done equals out then I'd let him because it puts you as "even". I'm not saying that because it's the easy way out. I'm suggesting that because as hard as it is, if someone wants to pay back a favor, it's nicer to let them than to argue about it. Ya know?

If you haven't, maybe ask his opinion on a fence and make it pretty on *both* sides. I see the railing is visible on his side.

Kids in high school? Maybe a CD or something in their name for college. Season tickets to the LSU games if they're fans (I have no idea how much those cost).

It's his fence and he put it up that way. I've done some "goodwill" acts for both of my neighbors, small things though, not equal to the tree he paid to have removed. And he still has to have his fence repaired. And thanks for the suggestions on something to do for him or his kids, I'll think about that and see what I can come up with.

 

[Old_Demon]

Who is your insurance company? They sure were quick at determining from some pictures that they are not paying for anything. What if it fell the other way and it landed on your house? Would you have gotten the same story?

We're both with State Farm, different agents. My agent told me if it had fallen on my property it would be my responsibility, but if it had fallen on my house they would pay minus my deductible. He could make a claim against his insurance for the costs, but he probably wouldn't get anything after his deductible.

 

[rocko]

You're a good man.

 

[Cat]

It's his fence and he put it up that way. I've done some "goodwill" acts for both of my neighbors, small things though, not equal to the tree he paid to have removed. And he still has to have his fence repaired. And thanks for the suggestions on something to do for him or his kids, I'll think about that and see what I can come up with.

Then that might be easy… Buy the materials to repair the fence.

 

[parallel]

Ha... imagine that. An Old Demon who's a very good conscientious neighbor... perhaps I should rethink my view of Demons.

In my mind the very fact that you offered would be enough for me.

 

[SGT_Kramer]

It's right to help your neighbor out and really what you should do. Go rent a big chain saw and put a dent in it.

 

[sonanth]

I'm still kinda confused at to why the insurance won't pay. Isn't that what insurance is for?

 

[pyreaux]

good excuse to buy a split a really nice chainsaw with your neighbor and be able to help people after the next hurricane

 

[Storm52]

Insurance will pay to remove tree from a structure (house/garage/out buiding) but not complete removal. That is on the property owner where the tree falls. They will pay for removal off of a fence, but that is it. The deductible is normally higher than the removal cost from just the fence. If the tree was a known liablity, the insurance would cover, minus deductible to remove it from the fence and fence replacement. Complete tree removal is rarely covered. Trust me, I lost 16 trees due to a tornado in 2000. Two were on the house (front yard) and the others were in the back yard pointed away from the house.

 

[rt2carry]

I have the same problem. Neighbors tree branch just fell on my fence and same story(not your average branch 24" diameter and 65 feet long). Insurance will pay to take it off of my fence and the 4 feet of fence it destroyed but not the removal of the 65 feet of oak laid out across my yard. Not worth filing a claim. But I do think they should at least provide you a voucher for a nice chainsaw after years of premiums being paid and never claiming anything.

 

[Pacioli]

I spoke to my neighbor and he said it was an act of God

My brain is running in free association mode this afternoon so....................George Carlin:

"That's right, God's will. I ran over the kid in the driveway; that's right. Don't look at me...God's will" "Hey, boss. Let's go downtown and get this guy, God!" Can you see a lynch mob in front of the church? That's the fourth guy He's killed this week."

 

[bassicpackrat]

Frickin Water Oaks!!! Our house got demolished by a 70 footer during Gustav by the one we "use to have" in our back yard. And yep, I can tell you the insurance company screwed us on it(we had to pay out of pocket for removal). Good luck man!

 

[jdindadell]

My brain is running in free association mode this afternoon so....................George Carlin:

"That's right, God's will. I ran over the kid in the driveway; that's right. Don't look at me...God's will" "Hey, boss. Let's go downtown and get this guy, God!" Can you see a lynch mob in front of the church? That's the fourth guy He's killed this week."

That "acts of God" crap has always rubbed me the wrong way. The tree fell down cause it was rotten on the inside and the wind blew hard. Since both the tree and the wind were created by God.... So was the fence and all of us. Does that mean that insurance does not cover anything? Biggest scam to befall humanity if you ask me. Just another form of betting for the rich, and a way to "tax" the rest of us.

Maybe these ins companies need to start offering "Athiest" policies that do not include exemptions based on that? HAHAHA

 

[rt2carry]

I agree that insurance is an over priced scam!