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09-30-2009, 12:02 PM
| | Junior Member | | Join Date: Sep 2009
Posts: 1
| | | Neighbors dead tree
What is the name of your state (only U.S. law)? VA
My neighbor's dead tree fell into my driveway and caused $3600 damage to my truck. He told me he knew the tree was dead, but I never informed him of the potential hazard. My insurance company will pay for the damages, but I have a $1000 deductible. Can I sue him in small claims court to recover my expenses?What is the name of your state (only U.S. law)? |
09-30-2009, 02:32 PM
| | Member | | Join Date: Mar 2008
Posts: 411
| | Quote:
Originally Posted by ram61  What is the name of your state (only U.S. law)? VA
My neighbor's dead tree fell into my driveway and caused $3600 damage to my truck. He told me he knew the tree was dead, but I never informed him of the potential hazard. My insurance company will pay for the damages, but I have a $1000 deductible. Can I sue him in small claims court to recover my expenses?What is the name of your state (only U.S. law)? | Have you informed your insurance company of these facts? They may wish to collect from his insurance company. The fact that he knew it was dead should be enough to establish knowledge that it was a potential hazard. What idiot doesn't recognize that? BTW, it's irrelevant that you didn't inform him--all that does is help establish knowledge (i.e., there's no way he didn't know of it because you never mentioned the tree that's 1/2 mile away from his house in a forest, or something like that). Since he admits he knew the tree was dead that should be enough. |
09-30-2009, 02:43 PM
| | Senior Member | | Join Date: Jun 2000 Location: Somnambulist University
Posts: 39,545
| | Quote:
Originally Posted by ram61 Can I sue him in small claims court to recover my expenses? | Yes. Almost anyone can sue almost anyone else claiming almost anything.
Your chance of success will be greatly enhanced if you can get the neighbors admission of a dead or unhealthy tree in WRITING.
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09-30-2009, 02:54 PM
| | Senior Member | | Join Date: Jul 2005 Location: Missouri
Posts: 3,805
| | | Tell him you are fighting with your insurance company and need a letter stating the tree was dead in order to avoid the $1,000 deductible. Prepare the letter and just ask him to sign it.
DC
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OP needs counseling...not a court house. --Zigner | |
10-02-2009, 09:59 AM
| | Senior Member | | Join Date: Jul 2007
Posts: 1,274
| | Quote:
Originally Posted by debtcollector` Tell him you are fighting with your insurance company and need a letter stating the tree was dead in order to avoid the $1,000 deductible. Prepare the letter and just ask him to sign it.
DC | I like your thinking, great idea. It's the absolute truth, it will get the OP's $1000 back by shifting the cost to the neighbors insurance company.
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