Legal Question in Real Estate Law in Massachusetts
trees that fall
a tree on my property fall on my neighbors property and causes damage. am i required to give him my insurance?
4 Answers from Attorneys
Re: trees that fall
I agree with both.
I am not sure why you hesitate to provide the information.
Re: trees that fall
Technically, you don't have to give him your insurance information at this time. However, if you don't, you will probably be sued.
Re: trees that fall
This actually happened to me. A tree in my yard fell and caused damage in my neighbor's yard. According to my insurance agent, I was not liable for any damage to my neighbor's property. Instead, we were to file our own claims against our own homeowner's policies for any damage done to our own property.
When this incident happened, I did my own legal research and confirmed that this was indeed the case. Basically, you are not liable unless your neighbor can prove negligence.
Try a Google search using the keywords "tree damage" and "liability". I just did it and found an interesting article at
http://realtytimes.com/rtcpages/20031006_treefall.htm
I am certain there are other informative web pages as well.
Re: trees that fall
Whetehr you give him your insurance information or not is irrelevant; you are responsible (liable) for any damage caused by the tree that you kept in your yard. You can allow the insurance company to resolve the matter or you can escalate this to a court battle. Your choice.