Legal Question in Insurance Law in Virginia

Neighbor's Tree Fell On My House
10 days ago we had a wind storm that caused my neighbor's tree to begin splitting. I contacted her about getting the tree cut before it fell on my house. She contacted her insurance company and also received two estimates of $5000 to cut the tree. He insurance inspector that looked at the tree said it was unsafe and needed to be cut but wouldn't cover it because it hadn't actually fallen. They gave her $500 to help with having the tree cut. She said she couldn't afford it and told me she would wait until the tree fell on my house and then her insurance would cover it. The tree fell on my house 10 days after the storm. Now her insurance is saying they will only pay for the part of the tree on her property and I am responsible for the removal and damage on my property. Is this true? I think she was negligent because she knew the tree was unsafe and did nothing to have the tree cut.

Asked on 2/22/08, 7:44 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Neighbor's Tree Fell On My House

No, it is not true, and, yes, you're correct with respect to your assessment of your neighbor's liability.

You could sue her for negligence in small claims court for up to $5000 for your damages for the cost of a filing fee of around $40.

Answered on 2/22/08, 8:52 pm

Gary Mims Sickels, Frei & Mims

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Re: Neighbor's Tree Fell On My House

your neighbor was negligent; however, your homeowner's insurance should cover you ... let them deal with your neighbors insurer

Answered on 2/23/08, 7:15 am

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