Legal Question in Civil Litigation in Missouri
storm damage to my property
my neighbor had a rotten old tree in his back yard. we had a storm and it blew over onto my garage. it did some damage to the roof of my garage and tore down a fence. i talked to my neighbor about fixing it and he became belligerant and said it was an ''Act of God'' and that he wasn't responsible for it and i was out of luck. If that's the law here in Missouri---so be it. But if it's not, I need to take him to court to get my garage fixed. Thanks.
2 Answers from Attorneys
Re: storm damage to my property
Turn this over to your homeowners insurance and let them handle it. If they collect money from the neighbor (or from his insurer) they will get back your deductible first, and then their money.
Do not sue on your own without consulting your homeowners insurance because they have a right of subrogation and you don't want to affect that.
Talk to your insurance adjuster and agent today.
Re: storm damage to my property
It sounds like you have a good claim for property damage. The Act of God defense is available in some situations. However, in this situation, since the tree originated from the neighbor's yard, the neighbor will almost certainly be required to pay for the damage. You may need to consult with an attorney to help you sort through everything and to find out whether or not there is insurance coverage available. Please let me know if I can be of assistance to you.
James
Please be advised that no attorney client relationship exists between us unless and until I have agreed to represent you in writing.
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