Anonymous
03/28/2023 12:10
Subject: My tree fell on neighbor's lawn.
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Legally, you're not at fault, but ethically, OP, you have a problem. Clearly you don't take care of your trees!!! You're a very bad neighbor. I'd be furious too.
If I'm the neighbor, I try my luck in small claims court arguing negligence and actual knowledge based the prior tree and the condition of the trees
And you’ll lose. It’s well established.
Good luck trying to prove poor condition of a tree that’s already down. In the future, neighbor can put OP on notice of the trees condition and then will stand a chance of collecting.
Furthermore, neighbor declined OPs offer to help remove the tree. There is no damage and if neighbor decides to file a claim for a downed tree with a $2800 deductible, well then neighbor makes poor choices regarding insurance.
... but that's not how any of that works
There is a valid claim and there's actual damages
You can keep insisting that, but please point to the statute that is going to prove that.
There were damages the first time, which insurance companies agreed was paid by neighbor. Do you think both insurance companies are unaware of the law and YOU are correct?
Anonymous
03/28/2023 11:06
Subject: My tree fell on neighbor's lawn.
Adding to the choir -- OP you are a total jerk.
Anonymous
03/28/2023 11:05
Subject: My tree fell on neighbor's lawn.
The nice thing to do would be cover his deductible but,
You would think he would have learned his lesson and lowered his deductible after his other experiences.
He is a dummy for not carrying adequate insurance.
You would think he would have learned his lesson and lowered his deductible after his other experiences.
He is a dummy for not carrying adequate insurance.
Anonymous
03/28/2023 11:02
Subject: My tree fell on neighbor's lawn.
Anonymous wrote:Anonymous wrote:Anonymous wrote:Legally, you're not at fault, but ethically, OP, you have a problem. Clearly you don't take care of your trees!!! You're a very bad neighbor. I'd be furious too.
If I'm the neighbor, I try my luck in small claims court arguing negligence and actual knowledge based the prior tree and the condition of the trees
And you’ll lose. It’s well established.
Good luck trying to prove poor condition of a tree that’s already down. In the future, neighbor can put OP on notice of the trees condition and then will stand a chance of collecting.
Furthermore, neighbor declined OPs offer to help remove the tree. There is no damage and if neighbor decides to file a claim for a downed tree with a $2800 deductible, well then neighbor makes poor choices regarding insurance.
... but that's not how any of that works
There is a valid claim and there's actual damages
Anonymous
03/28/2023 10:59
Subject: My tree fell on neighbor's lawn.
Anonymous wrote:Anonymous wrote:Legally, you're not at fault, but ethically, OP, you have a problem. Clearly you don't take care of your trees!!! You're a very bad neighbor. I'd be furious too.
If I'm the neighbor, I try my luck in small claims court arguing negligence and actual knowledge based the prior tree and the condition of the trees
And you’ll lose. It’s well established.
Good luck trying to prove poor condition of a tree that’s already down. In the future, neighbor can put OP on notice of the trees condition and then will stand a chance of collecting.
Furthermore, neighbor declined OPs offer to help remove the tree. There is no damage and if neighbor decides to file a claim for a downed tree with a $2800 deductible, well then neighbor makes poor choices regarding insurance.
Anonymous
03/28/2023 10:06
Subject: My tree fell on neighbor's lawn.
Maybe offer to pay the equivalent of your own deductible. It's not OP fault the neighbor chose cheap insurance. And this is what the insurance is for. And since it didn't damage anything, the neighbor doesn't even need to make a claim if OP's nephew removes the tree.
Anonymous
03/28/2023 10:00
Subject: My tree fell on neighbor's lawn.
Anonymous wrote:Anonymous wrote:Do you take care of your trees?
No he doesn't they wouldn't be falling on this neighbors property if he did. Once is a accident, twice is negligence and if I were his neighbors I would sue the second time this happened.
OP you are a real piece of work!
LOL! Try and sue the OP. Nothing will happen.
Anonymous
03/28/2023 09:59
Subject: Re:My tree fell on neighbor's lawn.
Keep your trees trimmed and pruned.
Anonymous
03/28/2023 09:59
Subject: My tree fell on neighbor's lawn.
Anonymous wrote:Do you take care of your trees?
No he doesn't they wouldn't be falling on this neighbors property if he did. Once is a accident, twice is negligence and if I were his neighbors I would sue the second time this happened.
OP you are a real piece of work!
Anonymous
03/28/2023 09:58
Subject: My tree fell on neighbor's lawn.
Anonymous wrote:Anonymous wrote:legally you owe him nothing but if i were him, i would be pissed too. manage your trees OP. that you should do.
+1
Legally you're not on the hook so far but twice in two years is a bit much.
If I were the neighbor I'd threaten to sue you for negligence since the previous tree falling should have tipped you off. And of you don't pay, I'd take you to court.
You can take some one to court but you will not win. Trees topple because of unusual weather patterns and climate change.
OP, it is wonderful if you can cut and remove the tree. You do not have to do anything else. At maximum, sprinkle some grass seeds in the lawn to make it green and beautiful.
Anonymous
03/28/2023 09:56
Subject: My tree fell on neighbor's lawn.
Anonymous wrote:Anonymous wrote:Fair offer. You are not responsible. His risk was paying less - so deductibles higher. He went with the wrong odds.
This is the answer. His deductible is high because his monthly payments are low.
Probably not if he has to make two claims in two years thanks to ops trees falling on his property.
Anonymous
03/28/2023 09:55
Subject: My tree fell on neighbor's lawn.
Obviously you are not taking care of your trees if they keep falling on his stuff. I’d be mad too. I don’t think you are legally required to do anything, but the good neighborly thing to do would be to pay his deductible.
Anonymous
03/28/2023 09:52
Subject: My tree fell on neighbor's lawn.
Anonymous wrote:Anonymous wrote:Anonymous wrote:legally you owe him nothing but if i were him, i would be pissed too. manage your trees OP. that you should do.
Did you read OP? There was a bad storm. Nowhere does it sound like her/his trees aren’t “managed.”
OP did manage their trees. This is the second tree in two years that fell. That's actual knowledge of a dangerous problem on their property
OP did *NOT* manage their trees. This is the second tree in two years that fell. That's actual knowledge of a dangerous problem on their propert
Anonymous
03/28/2023 09:52
Subject: My tree fell on neighbor's lawn.
Anonymous wrote:Anonymous wrote:legally you owe him nothing but if i were him, i would be pissed too. manage your trees OP. that you should do.
Did you read OP? There was a bad storm. Nowhere does it sound like her/his trees aren’t “managed.”
OP did manage their trees. This is the second tree in two years that fell. That's actual knowledge of a dangerous problem on their property
Anonymous
03/28/2023 09:49
Subject: My tree fell on neighbor's lawn.
We cleancut our lot to avoid this , trees are a major pain and liability. As a child I remember one falling on my Fairfax home it was terrifying