Legal/Insurance Question
 

Any lawyers or insurance guys' opinions would be much appreciated here:

So my buddy just had his neighbors' tree drop on his car. The car is TOTALLED and the tree was rotten to the core. He called their homeowner's insurance and they said there's no way they'd pay that claim. Does he have a case at all? And if so, is it worth it?

Re: Legal/Insurance Question
 

Personally I'd start by reading the policy to see exactly what's covered vs. what's not.

Re: Legal/Insurance Question
 

Well, apparently his neighbor's insurance policy is claiming it was an act of God even though no other trees fell down and this one has been stated as being totally rotten by the city.

Re: Legal/Insurance Question
 

Unfortunately, it sounds like your buddy is going to have to file with his car insurance...as opposed to the neighbor's homeowner's insurance...

Re: Legal/Insurance Question
 

I agree with BD

Re: Legal/Insurance Question
 

He only had liability on it. So, even though it was on their property and due to negligence on their part to remove the rotten tree, he's still screwed?

Re: Legal/Insurance Question
 

I'm no lawyer, but if the tree is on record as being rotten and the guy was informed of this by the city, then I think he has a strong case.

I don't think that's an act of God at all. I mean was it windy at all, or did the tree just up and fall over? If there was a storm then it may get tricky, but if it was just a normal day, then I'd talk to a lawyer.

Of course you have to weigh the pros and cons here. Is the expense of a lawyer going to be more costly than the deductible he'd pay if he files with his own car insurance company (plus any rate increases).

Re: Legal/Insurance Question
 

[quote=TheMalcolmConnection;316332]He only had liability on it. So, even though it was on their property and due to negligence on their part to remove the rotten tree, he's still screwed?[/quote]

If he only had liability, then it's definitely worth talking to a lawyer about. The cost of the lawyer definitely won't outweigh the cost of replacing the car.

Re: Legal/Insurance Question
 

I just did this one awhile back for someone else - but mind you it was Maryland and VA or DC may be different. Here is the quote from the relevant Maryland case (it, in turn is citing a Massachusets case):

Where the defendants knew that the tree on their property was decayed and liable to fall and to damage the property of [his neighbors], we think and hold that the defendants were under a duty to eliminate the danger and could not with impunity place such burden to remove the tree on [the plaintiffs].
From [I]Melnick v. C.S.X. Corp.[/I], 68 Md.App. 107, 510 A.2d 592 (1986)(quoting [I]Kurtigian v. City of Worcester[/I], 348 Mass. 284, 203 N.E.2d 692 (1965)).

If your friend can show that the neighbor had knowledge that the tree was rotted, he may have a shot. If the company STILL denies it, call the VA Insurance Commission - they [I]may[/I] be able to help.

Re: Legal/Insurance Question
 

[quote=Schneed10;316334]I'm no lawyer, but if the tree is on record as being rotten and the guy was informed of this by the city, then I think he has a strong case.

I don't think that's an act of God at all. I mean was it windy at all, or did the tree just up and fall over? If there was a storm then it may get tricky, but if it was just a normal day, then I'd talk to a lawyer.

Of course you have to weigh the pros and cons here. Is the expense of a lawyer going to be more costly than the deductible he'd pay if he files with his own car insurance company (plus any rate increases).[/quote]

He can't file since it's liability and I don't think that would cover a tree falling on his car.

Re: Legal/Insurance Question
 

[quote=JoeRedskin;316336]I just did this one awhile back for someone else - but mind you it was Maryland and VA or DC may be different. Here is the quote from the relevant Maryland case (it, in turn is citing a Massachusets case):

Where the defendants knew that the tree on their property was decayed and liable to fall and to damage the property of [his neighbors], we think and hold that the defendants were under a duty to eliminate the danger and could not with impunity place such burden to remove the tree on [the plaintiffs].
From [I]Melnick v. C.S.X. Corp.[/I], 68 Md.App. 107, 510 A.2d 592 (1986)(quoting [I]Kurtigian v. City of Worcester[/I], 348 Mass. 284, 203 N.E.2d 692 (1965)).

If your friend can show that the neighbor had knowledge that the tree was rotted, he may have a shot. If the company STILL denies it, call the VA Insurance Commission - they [I]may[/I] be able to help.[/quote]

Awesome. Thanks guys, this is exactly what he wanted to know.

Re: Legal/Insurance Question
 

As far as I know, when someone else's tree falls on your property, the part that is on your property.....is now yours. I am a bit surprised that there is no recourse with the car owners, homeowners ins. Like MK said, go over the policy, and see.

Re: Legal/Insurance Question
 

[quote=TheMalcolmConnection;316338]He can't file since it's liability and I don't think that would cover a tree falling on his car.[/quote]

No it wouldn't cover it. He should definitely talk to a lawyer, I think he's got the guy by the balls. Just needs to get some documentation from the city/township showing that Mr. Dipshit knew the tree was rotted, and get it into the hands of a lawyer. Then he can take it from there.

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Yeah, I mean he doesn't want to sue his neighbor, just their insurance company. Like he says the costs of having THIS guy on your bad side isn't worth it, but he definitely wants to take it to the insurance company.

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If the company still fights it, go to the VA insurance commission before going to a lawyer - if they can do anything, they do it for free. It may just take a call from them to the insurer to get it done.

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Good call. He told me to tell you guys he appreciates it...

Re: Legal/Insurance Question
 

This is how it works. If a healthy tree falls on you neighbors home, car, fense etc... It is considered an act of god and the damage caused would be covered by each persons own insurance. In this case if the neighbor knew the tree was rotten (the key is knew) then they could be held liable because they neglected to take due care of the hazard. The hard part is proven that he knew the tree was rotten. I would tell your neighbor to call his neighbors insurance co. back and ask them to come out and look at the tree for themself and if it is so obivious that the tree was rotten then they should pay. He may want to take pictures of the tree and where is rotten and then send them to the adjuster.The other problem is that you do not know what the neighbor is telling his ins. co. Now if the tree was rotten and he honestly did not know then that will make it even tougher.