Legal Question in Real Estate Law in Illinois

My windows and frames were broken out by a wind storm. My neighbors awnery and roof flipped over in backyard and damaged windows. My neighbor does not have homeowners insurance. She did not offer to pay for damages. My homeowners insurance is $1,000.00 deductible. Can I take her to Small Claims Court so I can get reimburse for damages to windows? She is employed but I do not know the location of her job. Would Small Claims Court tell me where she is employed?


Asked on 9/15/11, 6:57 am

2 Answers from Attorneys

Thomas Moens Moens Law Offices, Chartered

You can sue her in small claims, since you can sue anyone for anything. However, unless your neighbor had notice there was a dangerous condition, or somehow caused the damage to your property, you may not be successful. The court does not know, and therefore cannot tell you, where your neighbor works.

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Answered on 9/15/11, 7:09 am

I agree w/ Mr. Moens: Unless you can prove what amounts to your neighbor's "negligence" (notice that the awnings were in dangerous state of repair, not mounted properly, etc.), the situation you are talking about is akin to an "act of god" and you most likely will not prevail. The deductible was your choice; we all learn too late what it means but to have a lower one could have cost as much over a few short years of premiums. Depending on how you file your taxes you may get to deduct all or a portion of what you have to pay out of pocket for this "casualty loss".

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Answered on 9/15/11, 8:49 am


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