homeowners insurance claim question (Full Version)

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defiantbadgirl -> homeowners insurance claim question (7/8/2012 12:42:47 PM)

As some of you might already know, my car with liability insurance was crushed by my neighbor's tree last night during a storm while parked legally along a street curb. I thought Sir and I would have enough money next month to buy something reliable until I looked at prices on good used vehicles. 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. They seemed to think even if I'd had full coverage, his homeowner's insurance would be responsible. Someone else told me I would have to prove my neighbor knew his tree was diseased? Now I'm confused. Is his homeowner's insurance responsible? Is there a way I can increase my chances of getting a settlement that way?




JstAnotherSub -> RE: homeowners insurance claim question (7/8/2012 12:54:15 PM)

As far as I know, unless it can be proven that the tree was dead, and the neighbor should have known it was a danger, the "Where it lays is the one who pays" is the rule.





CynthiaWVirginia -> RE: homeowners insurance claim question (7/8/2012 12:59:50 PM)

I asked bo about this. His mother lives on a mountain with trees above her car (perfectly healthy trees) but worried if her homeowner's insurance would cover it if one fell down and fell on her car. This is in WV, and he thinks her insurance is Nationwide. Anyway, he phoned them and they said that yes, a tree falling onto a car would be covered by her homeowner's insurance policy, under "act of God".

Btw, in my own neighborhood, I would be wary of suing a neighbor's insurance, lol. The next several years of my life would be littered with slashed tires and broken windows, etc.




TheBanshee -> RE: homeowners insurance claim question (7/8/2012 1:00:28 PM)

if you had comprehensive coverage on your car, that should pay for getting smushed by a falling tree.




mummyman321 -> RE: homeowners insurance claim question (7/8/2012 1:02:07 PM)

This is considered an act of nature. In which your insurance will need to cover the damage. The only exception to that is if the tree was diseased AND the owner knew about it and did nothing about it.

Even if the latter were true, you would have to sue in court to win. That will take years and attorney's fees to get that. But is highly unlikely.

My experience with this is the neighbors tree falling ripping out my electrical lines and tearing off my gutters. My insurance had to pay for it as well as I had to pay the $1000 deductible for the repairs. I am in Ohio. Not sure if the laws vary by state?




stef -> RE: homeowners insurance claim question (7/8/2012 1:09:14 PM)


quote:

ORIGINAL: defiantbadgirl

Is his homeowner's insurance responsible? Is there a way I can increase my chances of getting a settlement that way?

Unless there is some proof of negligence by the neighbor, his insurance will likely not cover your car's damage.




defiantbadgirl -> RE: homeowners insurance claim question (7/8/2012 1:10:12 PM)

Thanks for replying. 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. I hate insurance companies. They have tons of money, yet there's always some loophole to get them out of paying. I guess I got my hopes up for nothing. My choices are either get a not so reliable vehicle and hope it lasts until next year so we can replace the engine and transmission or get by with our remaining unreliable car until next year. Decisions decisions......




MasterG2kTR -> RE: homeowners insurance claim question (7/8/2012 1:18:07 PM)

Stop asking....just file the claim. Worst case their gonna say no (which they will almost always do right out of the gate). If they do just keep pressing the issue until you are certain one way or the other. Also try calling your insurance (home/renter/auto) as they might be able to offer some sound advice too.




stef -> RE: homeowners insurance claim question (7/8/2012 1:50:52 PM)

quote:

ORIGINAL: defiantbadgirl

I hate insurance companies. They have tons of money, yet there's always some loophole to get them out of paying.

And there's always someone looking for a handout. The only "loophole" here is that you didn't have comprehensive coverage on your own policy.




LookieNoNookie -> RE: homeowners insurance claim question (7/8/2012 3:01:11 PM)


quote:

ORIGINAL: defiantbadgirl

As some of you might already know, my car with liability insurance was crushed by my neighbor's tree last night during a storm while parked legally along a street curb. I thought Sir and I would have enough money next month to buy something reliable until I looked at prices on good used vehicles. 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. They seemed to think even if I'd had full coverage, his homeowner's insurance would be responsible. Someone else told me I would have to prove my neighbor knew his tree was diseased? Now I'm confused. Is his homeowner's insurance responsible? Is there a way I can increase my chances of getting a settlement that way?


Hon, I've had a loooong history with insurance companies through various company's I've owned. I've won (gotten what I wanted) every time.

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".




littlewonder -> RE: homeowners insurance claim question (7/8/2012 4:08:59 PM)

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?





defiantbadgirl -> RE: homeowners insurance claim question (7/8/2012 5:01:04 PM)


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.




stef -> RE: homeowners insurance claim question (7/8/2012 5:10:04 PM)


quote:

ORIGINAL: defiantbadgirl

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.

Then why do you think your neighbor's insurance company should you pay you a settlement?

quote:

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?"

Really. Seriously. Getting injured on someone else's property does not guarantee you'll get an insurance payout. If you're a klutz and fall down your neighbor's stairs why should their insurance have to pay for your clumsiness?

Insurance is not a lottery.




defiantbadgirl -> RE: homeowners insurance claim question (7/8/2012 5:26:39 PM)


quote:

ORIGINAL: stef
And there's always someone looking for a handout. The only "loophole" here is that you didn't have comprehensive coverage on your own policy.


Kind of hard for someone to afford comprehensive coverage if they've been unable to work for months due to multiple cancer related surgeries. Just as I was finally ready to return to work, the reliable transportation I needed for my job was crushed. We're now down to one car I can't use for my job because it isn't reliable enough to drive out of town. I hoped I would have a claim so I could finally return to work and avoid freeloading and handouts.




JstAnotherSub -> RE: homeowners insurance claim question (7/8/2012 5:35:07 PM)

Call your insurance company and ask them. That is what I did when the tree fell on my uninsured car.

That is when they very sweetly told me I was fucked. I cried, I screamed, and then I sold the car for 500 bucks for parts and moved on.

There is no need to add to your stress by talking to a bunch of us on the interwebz, when anything we have to say means exactly notafuckingthing.





stef -> RE: homeowners insurance claim question (7/8/2012 5:37:06 PM)


quote:

ORIGINAL: defiantbadgirl

Kind of hard for someone to afford comprehensive coverage if they've been unable to work for months due to multiple cancer related surgeries.

Yup, the timing truly sucks.





defiantbadgirl -> RE: homeowners insurance claim question (7/8/2012 5:56:50 PM)


quote:

ORIGINAL: stef


quote:

ORIGINAL: defiantbadgirl

Kind of hard for someone to afford comprehensive coverage if they've been unable to work for months due to multiple cancer related surgeries.

Yup, the timing truly sucks.



Wow we actually agree on something. What do you think about insurance companies refusing falling tree claims, but paying settlements to thieves that are injured breaking into a homeowner's house?




stef -> RE: homeowners insurance claim question (7/8/2012 6:01:23 PM)

It would depend entirely on the specifics of both cases. Debating generalities is pointless.




JstAnotherSub -> RE: homeowners insurance claim question (7/8/2012 6:02:11 PM)


quote:

ORIGINAL: defiantbadgirl


quote:

ORIGINAL: stef


quote:

ORIGINAL: defiantbadgirl

Kind of hard for someone to afford comprehensive coverage if they've been unable to work for months due to multiple cancer related surgeries.

Yup, the timing truly sucks.



Wow we actually agree on something. What do you think about insurance companies refusing falling tree claims, but paying settlements to thieves that are injured breaking into a homeowner's house?


Wtf does that have to do with the price of tea in China?




LaTigresse -> RE: homeowners insurance claim question (7/8/2012 6:05:45 PM)


quote:

ORIGINAL: defiantbadgirl


Wow we actually agree on something. What do you think about insurance companies refusing falling tree claims, but paying settlements to thieves that are injured breaking into a homeowner's house?



That means jack shit. Check with the insurance company that insures your property. It may fall under a P&C policy claim rather than auto insurance.




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