QuestionDue to some heavy ice in our area a tree on some property we own, fell and some of the branches hit the neighbor's car and a small enclosed trailor. We do not live at the property. It is vacant land with trees on it. The neighbor's auto insurance is paying to have the car fixed but there is a $500 deductible and the insurance won't cover the damages to the trailor. The neighbor wants us to pay the deductible and for the damages to the trailor. The tree was hollow inside but was still living. We had no idea that it was hollow. Are we responsible for paying the deductible and fixing the trailor?
AnswerHi Crystal,
I am sorry, but I have no experience whatsoever with tree liability. So I am going to suggest three things for you. First, I must assume that you own the property and hence you have homeowner's insurance. If you do not own the property, report the claim in writing to your landlord and let her worry about it. If you are one of the smart renters who has renter's insurance,then report the claim also to your own insurance company. Now, on to my three topics.
#1. REPORT THIS CLAIM TO YOUR INSURANCE ASAP. You are NOT going to get away with just payment of the deductible if there is liability on your part. The other company will pay out to your neighbor, and then they will come after you. They will have the right to stand in the shoes of their insured. Through their subrogation rights, they CAN AND WILL sue you for all that they paid out. This is routinely done at first by adjusters. If they cannot make arrangements for you to pay, then the claim is sent to subrogation specialist attorneys who get a percentage of what they can collect. So you CAN expect that at some point you WILL have to defend a claim for the entire amount of the loss. Hence, it is your DUTY to report the claim to your insurer ASAP.
#2. DO NOT DISCUSS ANY SETTLEMENT OR AGREEMENT OF LIABILITY with the neighbor or their insurance adjuster. Along with failure to timely report a claim, making a settlement that binds you to liability can work against you with your own insurance coverage. You own insurance policy will have a provision that if you should fail in respect of these two topics, then they are relieved of any responsibility for payment to the claimant.
#3. Get a legal opinion on tree liability. The Lawyer Referral Program in your area will hook you up with a lawyer who will advise you for something like $45 an hour. Find them by going to your state or county bar association http://www.settlementcentral.com/links.php and ask for their Lawyer Referral Program.
I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
