TheMalcolmConnection
06-07-2007, 11:01 AM
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?
Personally I'd start by reading the policy to see exactly what's covered vs. what's not.
TheMalcolmConnection
06-07-2007, 11:36 AM
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.
BDBohnzie
06-07-2007, 11:40 AM
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...
TheMalcolmConnection
06-07-2007, 11:50 AM
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?
Schneed10
06-07-2007, 11:51 AM
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).
Schneed10
06-07-2007, 11:52 AM
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?
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.
JoeRedskin
06-07-2007, 11:54 AM
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 Melnick v. C.S.X. Corp., 68 Md.App. 107, 510 A.2d 592 (1986)(quoting Kurtigian v. City of Worcester, 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 may be able to help.
TheMalcolmConnection
06-07-2007, 11:55 AM
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).
He can't file since it's liability and I don't think that would cover a tree falling on his car.