Legal Question in Real Estate Law in Connecticut
Neighbors tree fell on our house who is responsible?
Neighbors tree fell on our house, our insurance is looking over the claim is waiting for the bill from the tree service. The bill was $2100, I have a $500 deductible and my insurance is saying that my limit to have trees cut down is $500. They are sending me a check for $1000 for damage done to the house and this is with my deductible taken off. Shouldn't the neighbor be responsible for my deductible and other expenses? What are my legal choices if he does not pay the tree guy and my deductible?
2 Answers from Attorneys
Re: Neighbors tree fell on our house who is responsible?
Short answer - maybe. If you can show liability (neighbor's responsibility) and damages (total amount of your injury) then the neighbor should pay. What has neighbor's insurer said? What has neighbor said? Does the money you are getting come close to covering your actual damages? I would be happy to discuss further with you. Have you accepted your insurer's offer? You may want to wait first.
Re: Neighbors tree fell on our house who is responsible?
As a general rule, if your neighbor's tree falls on your house it is YOUR responsibility unless you can prove that the tree was dead/sick/decayed, etc and your neighbor knew or should have known.
I know it doesn't seem fair......it happened to me. The rationale is that your HO insurance will cover it.