Legal Question in Civil Rights Law in Illinois

I have a neighbor who has a dead tree just on his side of the property line tat a limb fell out of and landed on the roof of my storage building and put a hole in the roof. I contacted him and he informed me that he had already talked to his insurance company and that they would not cover it, so he informed me that he has no responsibility to pay for any of the damages. Is this a case that I can take to small claims and have a good chance of getting a summary judgement against him on this matter?


Asked on 1/11/12, 9:34 am

1 Answer from Attorneys
Stephen Messutta

First, this is not civil rights law. Do you have insurance? Let your insurance company pay you and then "subrogate" which means go after the neighbor. This keeps things friendly-like. The insurance companies battle it out. If you don't have insurance, then yes you'd have to sue and PROVE everything - this was the neighbor's tree, damage, cost to repair as reasonable....etc.

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Answered on 1/11/12, 12:30 pm


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