Act of God damages to neighbors house

What is the name of your state? New York - I would like to find out where I stand - I had ice & a piece of slate come off my roof during the winter and damage my neighbors siding - she now expects me to pay to have it fixed - I contacted my homeowners insurance company and they told me that it falls under "an act of God". I also had a contractor come give me an estimate to see how much it would cost to have it fixed - as a "good neighbor" jesture and it was more than I can justify to spend to have her house fixed. She sent her son over this evening to present me with an estimate to have it fixed and I informed him that I was informed by my isurance company & the contractor I had come that I was not responsible for it because it was an act of God. There is probably about 7 feet between the houses. I'm just tring to find out if legally I am obligated to fix her siding. Thank you for any answers you can give me - if you need more information my e-mail address is Mzcoltoy @aol.com

You called your insurance company but you did not actually file a claim, is that right?

I did not submit a claim - my insurance company said that my neighbor could claim it against her homeowners - but I could not claim it against mine. I have since the winter is over had my slate roof repaired & checked over

Other than this incident, are you on reasonably good terms with this neighbor?

yes - she is an older woman & I try to help her out when & where I can - shoveling, mowing her lawn, her shed blew over in a wind storm & myself & my son went over & got it tied down overnight - she is mostly concerned about the siding because she is selling the house & moving to another state with one of her children.

That's great. This is not a "you against your neighbor" issue. Rather it's who insures what. Ask your neighbor (or her son) to write you a cordial letter, including the contractor's estimate, explaining why you are liable for the damage. Then send a copy of that to your insurance company and ask them to investigate the incident.

If you are both insured, the two insurance companies will likely resolve this. But everything needs to be in writing from the get-go. A little patience on everyone's part will be needed here.

please e-mail me any information you can at [email protected]. I appreciate any advice you can give me

Yes most likely the two Insurance co. will solve this. You insurance company will not pay out because they already stated that it was an act of God her insurance co. will likely take the same position. Basically it is for sure that yours will not pay and highly doubtful that hers will. If you want to pay you are more than welcome to maybe even split the cost with her but make sure you get something in writing that you are not taking responsibility for the damage just helping your neighbor in need, you never know what they could find or if the company fixing it decides to charge twice as much you don't want her coming back for more money. I do have a question though you said during the winter this ice/slate came off your roof, I live in FL so am unfamiliar with this, is it normal to leave ice/slate on the roof till it melts or do people usually have a company come out to remove it ASAP. In other words could the ice being on your roof for a long period of time (assuming it was) be negligence?

MWohlleber said:

What is the name of your state? New York - I would like to find out where I stand - I had ice & a piece of slate come off my roof during the winter and damage my neighbors siding - she now expects me to pay to have it fixed - I contacted my homeowners insurance company and they told me that it falls under "an act of God". I also had a contractor come give me an estimate to see how much it would cost to have it fixed - as a "good neighbor" jesture and it was more than I can justify to spend to have her house fixed. She sent her son over this evening to present me with an estimate to have it fixed and I informed him that I was informed by my isurance company & the contractor I had come that I was not responsible for it because it was an act of God. There is probably about 7 feet between the houses. I'm just tring to find out if legally I am obligated to fix her siding. Thank you for any answers you can give me - if you need more information my e-mail address is Mzcoltoy @aol.com

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**A: you are not liable.