NYC Tornado --- Damaged Neighbor's car!!! Help!

[kl323]

What is the name of your state (only U.S. law)? NY

In the last few days, there was mini tornado that ripped through NY.

Anyway, a tree in front of my property fell and landed on my car and partly on my neighbor's car. As far as damages go, it's only comestic.

This morning, my neighbor went up to me and stated that he needs my insurance information to file a claim. He states that he has no COMPREHENSIVE coverage on his auto insurance. He also states that his home insurance will not cover him due to the fact that it's MY property that caused the damage.

This is my concern... am I responsible for his damages? It pisses me off that he doesn't have comprehensive... (I do and that how I'm getting reimburse for MY repairs)...

THere is one point of contention though.. Is the tree mine or not? Yes the tree is sitting on my lawn, but I was told that if the tree is X feet from the sidewalk, then it is still city property. As of now, I have no idea how I can verify it. I did put in a work request to the city to have the tree remove last month. I have not received any updates, but the site says "The condition was inspected and work order was place." To date, nothing new.

What should I do? I'm worried this will raise my premium and such due to this guy's lack of coverage.

Please advise!

Thanks!

 

[Banned_Princess]

What is the name of your state (only U.S. law)? NY

In the last few days, there was mini tornado that ripped through NY.

Anyway, a tree in front of my property fell and landed on my car and partly on my neighbor's car. As far as damages go, it's only comestic.

This morning, my neighbor went up to me and stated that he needs my insurance information to file a claim. He states that he has no COMPREHENSIVE coverage on his auto insurance. He also states that his home insurance will not cover him due to the fact that it's MY property that caused the damage.

This is my concern... am I responsible for his damages? It pisses me off that he doesn't have comprehensive... (I do and that how I'm getting reimburse for MY repairs)...

THere is one point of contention though.. Is the tree mine or not? Yes the tree is sitting on my lawn, but I was told that if the tree is X feet from the sidewalk, then it is still city property. As of now, I have no idea how I can verify it. I did put in a work request to the city to have the tree remove last month. I have not received any updates, but the site says "The condition was inspected and work order was place." To date, nothing new.

What should I do? I'm worried this will raise my premium and such due to this guy's lack of coverage.

Please advise!

Thanks!

Put the claim into your HO insurance, if its not your problem they will deny the claim, if they do pay the damage (which I doubt) your rates will not increase. HO policies work different then car insurance. you can do this without giving the neighbor any information, then you will know.



Or tell him yours wont cover it due to the act of god nature, and that its the citys problem.

 

[You Are Guilty]

Depending on how much of a PITA you want to be, (and how much you like your neighbor), you can tell him that you aren't going to provide him with squat, and he can sue you if he thinks that you are responsible for the damages a tornado did to his car.


(Or you can be a wuss and give him your car HO insurance info, car insurance info, ATM pin, and the combination to your home safe )

 

[tammy8]

Put the claim into your HO insurance, if its not your problem they will deny the claim, if they do pay the damage (which I doubt) your rates will not increase. HO policies work different then car insurance. you can do this without giving the neighbor any information, then you will know.



Or tell him yours wont cover it due to the act of god nature, and that its the citys problem.

Sorry don't agree. Unless the tree was dead and dying, OP has no responsiblility toward this act of g*d.

I would not file on the homeowner's either. An inquiry could put a *mark* on OP's home policy and if there has been activity in the past or in the future, he could be cancelled and unable to get a standard policy.

Neighbor can pound sand. He should have carried comp if he could not afford to lose the vehicle.

 

[justalayman]

Sorry don't agree. Unless the tree was dead and dying, OP has no responsiblility toward this act of g*d.

e.

actually, to take that a bit further;

dead or diseased and known to the OP or reasonably should have been know to the OP.


tell the neighbor to sue the guy responsible for the damage. Good luck trying to serve God with a summons.

 

[ecmst12]

His HO policy isn't going to pay because the damage is to his CAR. Not because it wasn't his tree.

 

[FlyingRon]

His HO policy isn't going to pay because the damage is to his CAR. Not because it wasn't his tree.

It isn't his car, it's his neighbor's car.

But if it fell on his neighbor's house, his policy still wouldn't pay.

 

[Banned_Princess]

I'm sorry, you all are right, I just meant to mention it to the company for a denial letter to appease the neighbor.

 

[ecmst12]

This morning, my neighbor went up to me and stated that he needs my insurance information to file a claim. He states that he has no COMPREHENSIVE coverage on his auto insurance. He also states that his home insurance will not cover him due to the fact that it's MY property that caused the damage.

This is what I was responding to. The neighbor's HO insurance won't cover his car no matter WHAT happened to it.

 

[justalayman]

if the tree is currently a hazard, you need to cordon off the area that is exposed to possible damages and now you do need to take care of the tree. If it falls onto a car you will be liable.

cordon off the dangerous area and take pictures of the warning tape.

 

[kl323]

Would I be liable for his negligence?

He parked underneath the tree when we have chairs and tables supporting it. Any sensible human being would realize that it's a hazard. I don't have those police tape to cordon off an area...

Well anyway, I did my due diligence to reach out to him and tell him to move his cars. What else can I possibly do?

I'm currently waiting for the city to come and take the tree away. There is another tree on my block that is down that is also waiting for the city to take it away...

 

[JustAPal00]

OP, You mentioned that last month you put in a request to have the tree removed by the city. Why? Was the tree unhealthy? Did you warn the neighbor prior to the tree falling that it could be hazzardous? If so, then you will be responsible for the damage to his car and should turn it into your homeowners.