Legal Question in Civil Litigation in California
Neighbor's tree on our house!
A few days ago a tree on our neighbor's property fell over, broke the fence and is now resting on the corner of our roof. Some type of power line is caught under it. My husband spoke to the neighbor who said he'll try to figure something out, but this guy is a real jerk and I'm sure he's never going to fix this. We don't know what to do. How do we make him do something? He should have had a tree removal service out here by now. Do I get my insurance company involved? I'm nervous about doing that in California. It's a good way to get cancelled. Do I file some type of complaint? Do I send him a letter? (I already know that it won't work, he'll ingnore it.) How much time is reasonable for him to do something about this? I have kids and feel that this is a dangerous situation. Someone told me to file a claim with my insurance company and let them fight it out with the homeowner. There doesn't appear to be any damage to our roof. Please help! We don't know any attorneys and really do not know how to proceed. Thanks.
4 Answers from Attorneys
Re: Neighbor's tree on our house!
Try everything, getting your insurance company involved, have an attorney contact your neighbor, obtain quotes for removal of the hazard. Call me directly at (619) 222-3504.
Re: Neighbor's tree on our house!
You need to involve 1) the power company and 2) your insurance company. Since there is no damage to your house the loss involves the cost of moving the tree. Your insurance company, or the power company if it becomes involved, will get its money back from our neighbor's insurance company. Yes, I have heard the insurance horror stories but, ultimately, situations like this are what they are there for. Maybe calling the power company will be enough.
Re: Neighbor's tree on our house!
Act immediately! It sounds like a dangerous condition now exists on your real property; ergo, you should mitigate your damages immediately.
You should contact the neighbor and tell him that he needs to repair the damages immediately. In addition, ask the neighbor for the name of his homeowner's insurance company, policy numbers and claim numbers, if any. If provided, contact the neighbor's carrier and immediately proceed with allowing them to adjust the claim.
You should also immediately open a claim with your own insurance carrier since there a potentially dangerous condition that exists on your property. Keep the area clear and block it off so that no one injures themselves on your property.
This is general information and no warranties are express or implied. We have not reviewed any documents or information nor have we spoken with any of the parties or carriers. We do not represent any party in this matter.
Re: Neighbor's tree on our house!
Sounds like a very dangerous condition. Take plenty of photos. Ask neighbor to take action immediately. Ask for his insurance carrier and policy. Get your insurance carrier involved now. Resolve the dangerous condition. Fight about it after the condition is neutralized.
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