Legal/Insurance Question

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?

MTK · 06-07-2007, 11:07 AM

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...

MTK · 06-07-2007, 11:46 AM

I agree with BD

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

Quote:

Originally Posted by TheMalcolmConnection

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

Quote:

Originally Posted by Schneed10

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.

TheMalcolmConnection · 06-07-2007, 11:56 AM

Quote:

Originally Posted by JoeRedskin

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.

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

Hog1 · 06-07-2007, 11:58 AM

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.

Schneed10 · 06-07-2007, 11:58 AM

Quote:

Originally Posted by TheMalcolmConnection

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

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.

TheMalcolmConnection · 06-07-2007, 12:00 PM

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.

JoeRedskin · 06-07-2007, 12:02 PM

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.

06-07-2007, 11:01 AM	#1
TheMalcolmConnection I like big (_\|_)s. Join Date: Dec 2004 Location: Lexington, Virginia Age: 35 Posts: 18,657	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? __________________ Regret nothing. At one time it was exactly what you wanted.

06-07-2007, 11:07 AM	#2
MTK ‎\m/ Join Date: Feb 2004 Age: 44 Posts: 89,087	Re: Legal/Insurance Question Personally I'd start by reading the policy to see exactly what's covered vs. what's not. __________________ Support The Warpath! \| Warpath Shop

06-07-2007, 11:36 AM	#3
TheMalcolmConnection I like big (_\|_)s. Join Date: Dec 2004 Location: Lexington, Virginia Age: 35 Posts: 18,657	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. __________________ Regret nothing. At one time it was exactly what you wanted.

06-07-2007, 11:40 AM	#4
BDBohnzie Playmaker Join Date: Feb 2004 Location: Frederick, MD Age: 38 Posts: 4,617	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... __________________ Bad Things man, I mean bad things... “WE TOOK HIM IN THE SIXTH ROUND SO WE'RE NOT SMART EITHER.” - Shanny on what the Skins saw in Alfred Morris

06-07-2007, 11:46 AM	#5
MTK ‎\m/ Join Date: Feb 2004 Age: 44 Posts: 89,087	Re: Legal/Insurance Question I agree with BD __________________ Support The Warpath! \| Warpath Shop

06-07-2007, 11:50 AM	#6
TheMalcolmConnection I like big (_\|_)s. Join Date: Dec 2004 Location: Lexington, Virginia Age: 35 Posts: 18,657	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? __________________ Regret nothing. At one time it was exactly what you wanted.

06-07-2007, 11:51 AM	#7
Schneed10 Captain Kirk Join Date: Feb 2005 Location: Newtown Square, PA Age: 38 Posts: 10,210	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). __________________ Redskins Salary Cap Status \| CrazyCanuck's Cap Figures by Player \| Salary Cap 101

06-07-2007, 11:54 AM	#9
JoeRedskin Contains football related knowledge Join Date: Mar 2004 Location: Second Star On The Right Age: 54 Posts: 10,122	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 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. __________________ Strap it up, hold onto the ball, and let’s go.

06-07-2007, 11:58 AM	#12
Hog1 Quietly Dominating the East Join Date: Mar 2005 Location: Naples, Florida Posts: 10,675	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. __________________ Goodbye Sean..........Vaya Con Dios thankyou Joe....... *“God made certain people to play football. He was one of them.” – Joe Gibbs*

06-07-2007, 12:00 PM	#14
TheMalcolmConnection I like big (_\|_)s. Join Date: Dec 2004 Location: Lexington, Virginia Age: 35 Posts: 18,657	Re: Legal/Insurance Question 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. __________________ Regret nothing. At one time it was exactly what you wanted.

06-07-2007, 12:02 PM	#15
JoeRedskin Contains football related knowledge Join Date: Mar 2004 Location: Second Star On The Right Age: 54 Posts: 10,122	Re: Legal/Insurance Question 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. __________________ Strap it up, hold onto the ball, and let’s go.

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