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RE: homeowners insurance claim question - 7/8/2012 7:45:49 PM   
kalikshama


Posts: 14805
Joined: 8/8/2010
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quote:

Is his homeowner's insurance responsible?


In some states it would be. Call them and keep Lookie's advice in mind:

quote:

Here's how to win:

1) "NO, I find that entirely unacceptable" is the correct answer when they tell you "this is the best we can do".

2) "When you have a car that looks, drives, smells and sounds like the car that was in my driveway when your insured's tree landed on my car, I'll sign whatever you have for me to sign" is the only appropriate response to anything that doesn't sound like "we'd like to give you a car tomorrow that looks, drives, smells and sounds like the car that was in your driveway when our insured's tree landed on your car".

3) You have a right to a reasonably close approximation of the car you once had, paid for by the insured, until the debate is discontinued.

4) "My attorney will be in touch this week" is the next appropriate thing you can say after "NO, I find that entirely unacceptable".


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(in reply to defiantbadgirl)
Profile   Post #: 21
RE: homeowners insurance claim question - 7/8/2012 9:03:56 PM   
littlewonder


Posts: 15659
Status: offline
quote:

ORIGINAL: defiantbadgirl


quote:

ORIGINAL: littlewonder

EErrr...it was a freak storm. Trees...dead or alive, good shape or not, are gonna fall over from the roots from the saturated ground or break in half due to lightning and high winds. It wasn't your neighbor's fault the tree toppled over. I mean, really??? Seriously? You're serious about this? You do realize that when this storm hit, it was like a tornado EF1 hitting right?




Where do you get the idea I think it was my neighbor's fault? I most certainly do NOT think it was my neighbor's fault. Homeowner's insurance companies pay claims for freak accidents. If someone falls down a flight of stairs and gets hurt at someone's house, that's not the homeowner's fault. Does that mean the insurance company shouldn't pay because there was no fault and it was a freak accident? "Really??? Seriously?" I don't see why it's any different with trees or why you think it always has to be somebody's fault.


This:

quote:

Then someone told me I should be able to get a settlement from my neighbor's homeowner's insurance company since it was his tree that did the damage.


quote:

Someone else told me I would have to prove my neighbor knew his tree was diseased?


quote:

The neighbor's tree had leaves so it wasn't dead, yet somehow the storm was able to break it off at the trunk and knock it over onto my car.


And past experiences with your posts on here.



< Message edited by littlewonder -- 7/8/2012 9:04:51 PM >


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Profile   Post #: 22
RE: homeowners insurance claim question - 7/10/2012 9:15:51 PM   
defiantbadgirl


Posts: 2988
Joined: 11/14/2005
Status: offline

quote:

ORIGINAL: littlewonder

quote:

ORIGINAL: defiantbadgirl


quote:

ORIGINAL: littlewonder

EErrr...it was a freak storm. Trees...dead or alive, good shape or not, are gonna fall over from the roots from the saturated ground or break in half due to lightning and high winds. It wasn't your neighbor's fault the tree toppled over. I mean, really??? Seriously? You're serious about this? You do realize that when this storm hit, it was like a tornado EF1 hitting right?




Where do you get the idea I think it was my neighbor's fault? I most certainly do NOT think it was my neighbor's fault. Homeowner's insurance companies pay claims for freak accidents. If someone falls down a flight of stairs and gets hurt at someone's house, that's not the homeowner's fault. Does that mean the insurance company shouldn't pay because there was no fault and it was a freak accident? "Really??? Seriously?" I don't see why it's any different with trees or why you think it always has to be somebody's fault.


This:

quote:

Then someone told me I should be able to get a settlement from my neighbor's homeowner's insurance company since it was his tree that did the damage.


quote:

Someone else told me I would have to prove my neighbor knew his tree was diseased?


quote:

The neighbor's tree had leaves so it wasn't dead, yet somehow the storm was able to break it off at the trunk and knock it over onto my car.


And past experiences with your posts on here.




I didn't say my neighbor damaged my car. I said his tree did. Big difference. I wondered why someone said I'd have to prove my neighbor's tree was diseased and he knew it because I thought homeowner's insurance paid for no fault accidents. Actually, I was offended by the idea of blaming my neighbor. It appears your past experiences have lead to an overactive imagination.

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(in reply to littlewonder)
Profile   Post #: 23
RE: homeowners insurance claim question - 7/11/2012 7:02:25 AM   
kalikshama


Posts: 14805
Joined: 8/8/2010
Status: offline
What did the insurance companies say?

I bought my car from a man in FL whose neighbor's tree had fallen and given it a supposedly $1,100 dent which was really just a small dent on the hood. The seller collected the money but did not fix the dent and took it off our agreed purchase price, which was an odd thing for him to do; perhaps he did it because he's a lawyer.

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RE: homeowners insurance claim question - 7/11/2012 7:56:17 AM   
defiantbadgirl


Posts: 2988
Joined: 11/14/2005
Status: offline
It must depend on the state because I found out in Kansas, homeowner's insurance doesn't pay unless it's someone's fault. What happened was nobody's fault. With my father's help on the down payment, Sir and I just bought a 2010 Ford Escape. It has less than 30,000 miles, so it should be reliable.

_____________________________


Only in the United States is the health of the people secondary to making money. If this is what "capitalism" is about, I'll take socialism any day of the week.


Collared by MartinSpankalot May 13 2008

(in reply to kalikshama)
Profile   Post #: 25
RE: homeowners insurance claim question - 7/11/2012 3:18:21 PM   
kalikshama


Posts: 14805
Joined: 8/8/2010
Status: offline
Enjoy!

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Profile   Post #: 26
RE: homeowners insurance claim question - 7/11/2012 4:30:35 PM   
MercTech


Posts: 3706
Joined: 7/4/2006
Status: offline
Check with your own home insurance company. And your own auto insurance company.
They will not the state laws where you are.

Your home insurance might help then surrogate to the neighbor's insurance.

If you don't get satisfaction from the insurance companies... get a shyster.

(in reply to kalikshama)
Profile   Post #: 27
RE: homeowners insurance claim question - 7/11/2012 6:37:46 PM   
LookieNoNookie


Posts: 12216
Joined: 8/9/2008
Status: offline
quote:

ORIGINAL: defiantbadgirl


quote:

ORIGINAL: littlewonder

quote:

ORIGINAL: defiantbadgirl


quote:

ORIGINAL: littlewonder

EErrr...it was a freak storm. Trees...dead or alive, good shape or not, are gonna fall over from the roots from the saturated ground or break in half due to lightning and high winds. It wasn't your neighbor's fault the tree toppled over. I mean, really??? Seriously? You're serious about this? You do realize that when this storm hit, it was like a tornado EF1 hitting right?




Where do you get the idea I think it was my neighbor's fault? I most certainly do NOT think it was my neighbor's fault. Homeowner's insurance companies pay claims for freak accidents. If someone falls down a flight of stairs and gets hurt at someone's house, that's not the homeowner's fault. Does that mean the insurance company shouldn't pay because there was no fault and it was a freak accident? "Really??? Seriously?" I don't see why it's any different with trees or why you think it always has to be somebody's fault.


This:

quote:

Then someone told me I should be able to get a settlement from my neighbor's homeowner's insurance company since it was his tree that did the damage.


quote:

Someone else told me I would have to prove my neighbor knew his tree was diseased?


quote:

The neighbor's tree had leaves so it wasn't dead, yet somehow the storm was able to break it off at the trunk and knock it over onto my car.


And past experiences with your posts on here.




I didn't say my neighbor damaged my car. I said his tree did. Big difference. I wondered why someone said I'd have to prove my neighbor's tree was diseased and he knew it because I thought homeowner's insurance paid for no fault accidents. Actually, I was offended by the idea of blaming my neighbor. It appears your past experiences have lead to an overactive imagination.


Hon...was it your tree that caused the damage?

(No).

Did your neighbor do something intentionally to cause the damage?

(No).

But...he has homeowners insurance....this is not a "me against you" thing...it's an insurance thing.

Yes, your neighbor may hate your guts for claiming on his insurance. Too bad.

Here's the deal hon....Monday night when you parked your car, you had full and obvious expectations of being able to get into it Tuesday a.m. and going out to 7-11 and grabbing a cup of coffee.

When Tuesday a.m. arrived and you were suddenly unable to go out to 7-11 and get the aforementioned cup of coffee because of.....why?.....the fact that your NEIGHBORS tree was suddenly in the middle of your trans axle, you have every right to go to his insurance agent and say..."I'd like a reasonable approximation of my previous caffeine delivery device".

It's that simple....no animosity, no anger...."just gimme a damn car that looks and drives like the one your tree crushed".

Ain't rocket science hon and it also ain't any reason for your neighbor to be pissed off at you.

If he is, or becomes so....fuck him...he owes you a damn car.

I'm in a business (construction) where I get sued at least twice a year (never in 35 years for anything that was my fault...but lawsuits and lawyers are funny things and if you were ON the construction project and someone didn't get paid...everyone in the lineup gets sued...including me).

When the lawsuit is done (and I've never lost and I always counter sue for costs...and I always get those costs paid back for my and my attorneys time)...we all go out and have dinner or a drink.

It's business hon....quit losing sleep over it.

YOUR car was damaged by another.....they owe you a car.

It's that simple.

It ain't personal....it's just a tree...and a car.

If he doesn't want to replant the tree....fabulous.

He still owes you a car.



< Message edited by LookieNoNookie -- 7/11/2012 6:39:55 PM >

(in reply to defiantbadgirl)
Profile   Post #: 28
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