Opinions needed please

[nuts2uiam]

Originally Posted by Coney

This goes to show that there are still decent people on Long Island.

There are really decent people on LI and all over. Sometimes they are overshadowed by the crappy ones.

[monstermagnet]

Originally Posted by twingles

Ay yi yi.

It's considered an "act of god" and it's correct. If a tornado came and picked up your house or car and deposited it on your neighbors', would think you were liable for that? Probably not.

Paying their deductible is a very nice offer. Probably is no more than $500. Most people here in NC have a $0 comp deductible but I don't think you'll get that lucky in NY.

If I put in a claim with my insurance company, the FIRST thing they do is check for liability with the other party's insurance company. They will ABSOLUTELY try to go after the homeowners liability. If the tree was OVER the neighbors car, how is the homeowner NOT liable? Everything is an act of god. Everything is "no fault." Fault and liability are two different things. I believe the whole thing is designed so no one pays someone else's deductible. It's between the insurance companies, not the neighbors. Why is that aye yi yi worthy?!

[lubby]

Originally Posted by monstermagnet

If I put in a claim with my insurance company, the FIRST thing they do is check for liability with the other party's insurance company. They will ABSOLUTELY try to go after the homeowners liability. If the tree was OVER the neighbors car, how is the homeowner NOT liable? Everything is an act of god. Everything is "no fault." Fault and liability are two different things. I believe the whole thing is designed so no one pays someone else's deductible. It's between the insurance companies, not the neighbors. Why is that aye yi yi worthy?!

If your tree falls on your neighbor's car, your neighbor's car insurance should pay the claim if your neighbor carries comprehensive coverage. If your neighbor's tree falls on your car, your comprehensive coverage applies. This is how it is and always is. I call in claims of this nature all of the time.

[scampy25]

You're a really good guy. May karma come back to you tenfold.

[monstermagnet]

Originally Posted by lubby

If your tree falls on your neighbor's car, your neighbor's car insurance should pay the claim if your neighbor carries comprehensive coverage. If your neighbor's tree falls on your car, your comprehensive coverage applies. This is how it is and always is. I call in claims of this nature all of the time.

I've never seen State Farm settle a claim without contacting the other party's insurance company. They didn't crash into his tree. His tree fell and damaged their property. Isn't he liable for damages his property causes to their property?! Why would they automatically eat a deductible?! What if the tree is diseased? What if he was warned it was dangerous? What if it fell on someone's head? I could be wrong but my experience has been different. If MY tree fell on my car, I just file a claim w my insurance. If his tree falls on my car, State Farm will immediately go after his insurance. Whatever. Lost interest in this topic 15 minutes ago.

[Febtober]

Originally Posted by monstermagnet

Isn't he liable for damages his property causes to their property?!

No, not automatically. Unless he's leaving a lot out of his story, he wasn't negligent and didn't do anything that caused the tree to fall.

[twingles]

Originally Posted by monstermagnet

If I put in a claim with my insurance company, the FIRST thing they do is check for liability with the other party's insurance company. They will ABSOLUTELY try to go after the homeowners liability. If the tree was OVER the neighbors car, how is the homeowner NOT liable? Everything is an act of god. Everything is "no fault." Fault and liability are two different things. I believe the whole thing is designed so no one pays someone else's deductible. It's between the insurance companies, not the neighbors. Why is that aye yi yi worthy?!

You’re wrong. People in insurance know there’s no liability there (I’m a licensed insurance adjuster and have been handling claims over 30 years - how about you?). The only way you’re going to recover is if you prove the tree was dead AND you notified the homeowner it needed to be taken down. If you did those things, you might get your deductible back. I had a claim a couple years ago with that exact situation - our insured had been telling his neighbor to cut down his dead tree, he had correspondence AND pictures to prove it. MOST people won't go to that trouble, and then when stuff happens, they are out of luck. You have to be able to prove the tree owner knew the tree was dead/diseased, either by prior notice or some other way (pics of obvious rot, etc).

And before you go off on "insurance companies will do anything to get out of paying".... almost everything an insurance company does is
1. governed by the state insurance department (all of which have a department of consumer affairs to handle complaints, which both the insurance department and the insurer take VERY seriously).
2. governed by laws passed by YOUR LEGISLATURE
3. governed by case law, which means the case/situation already went to court and was decided by a judge and/or jury


When we lived in GC I sent a certified letter to the town every year about the tree in front of my house. Would you believe the damn thing survived Sandy?

So if your neighbors tree is hanging over your car you’d best get on talking to them about it.

Again, I ask, if your car was picked up by a tornado, or floated away in a flood, and damaged someone's property, would you want your auto insurer to pay for that?

[nuts2uiam]

Originally Posted by twingles

You’re wrong. People in insurance know there’s no liability there (I’m a licensed insurance adjuster and have been handling claims over 30 years - how about you?). The only way you’re going to recover is if you prove the tree was dead AND you notified the homeowner is needed to be taken down. You actually should look up the four elements of negligence and things like “duty owed” and “duty breached” and “proximate cause”.

When we lived in GC I sent a certified letter to the town every year about the tree in front of my house. Woukd you believe the damn thing survived Sandy?

So if you’re neighbors tree is hanging over your car you’d best get on talking to them about it.

Isn't that always the way?

[monstermagnet]

Originally Posted by twingles

You’re wrong. People in insurance know there’s no liability there (I’m a licensed insurance adjuster and have been handling claims over 30 years - how about you?). The only way you’re going to recover is if you prove the tree was dead AND you notified the homeowner it needed to be taken down. If you did those things, you might get your deductible back. I had a claim a couple years ago with that exact situation - our insured had been telling his neighbor to cut down his dead tree, he had correspondence AND pictures to prove it. MOST people won't go to that trouble, and then when stuff happens, they are out of luck. You have to be able to prove the tree owner knew the tree was dead/diseased, either by prior notice or some other way (pics of obvious rot, etc).

And before you go off on "insurance companies will do anything to get out of paying".... almost everything an insurance company does is
1. governed by the state insurance department (all of which have a department of consumer affairs to handle complaints, which both the insurance department and the insurer take VERY seriously).
2. governed by laws passed by YOUR LEGISLATURE
3. governed by case law, which means the case/situation already went to court and was decided by a judge and/or jury


When we lived in GC I sent a certified letter to the town every year about the tree in front of my house. Would you believe the damn thing survived Sandy?

So if your neighbors tree is hanging over your car you’d best get on talking to them about it.

Again, I ask, if your car was picked up by a tornado, or floated away in a flood, and damaged someone's property, would you want your auto insurer to pay for that?

ok, I stand 110% corrected. whew.