my neighbors tree hit my house !!!

[SONNY&MELISSA]

What is the name of your state? Florida
On June 4th we had a storm come thru our town. My neighbors two trees fell, one was an oak, it was uprooted and only tore down the fence,the other a pine that snapped in-to at a bead spot that was on the tree. It took there insurance company 6 days to send out an inspector, who took measurements and pictures. They sent out a tree surggeon at this time also. As of this time the insurance has offered me a settlement of $5000.00.They say they feel they are not responsible because the trees falling was an act of God and that there are no visible signs that the tree had a previous bad spot an it that a "normal " person could detect. They are wrong I have pictures and video of the tree and there is a visible spot ( about the size of a basket ball). Even the neighbor and my husband talked about the tree needing to be cut down more than a year ago because of the spot. By the way, I sent them a letter stating each content that was lost due to the roof caving in from the tree and the water and ceiling soot damage which totaled alittle more than 8 thousand dollars are the liable due to neglect for this amount because they have yet to this day sent the tree sugeon out to remove the tree from my home so we could safely get into the rooms to try and salvage all we could? My husband, father mother & myself removed the tree from the roof of my mobile home this weekend and the roof trusses and ciling had to be removed before we could safely get into the childrens room to salvage what we could after almost two weeks. I know this is a long story and probably not told very well but I need to know what to do.. Accept the $5000.00 and be homeless or try to find an attorney???

 

[tammy8]

I don't understand why the other insurance company would have said they were not responsible and then hand you a check for $5K? Now I am just telling you the laws in NC but most states are similair. Even though a tree "looks" not well doesnt' mean that it is diseased. I dont' understand why a tree surgean could not have dignosed the tree as diseased and still you got a settlement from the other company. On the other hand, if the tree wasnt' oblivously diseased then YOUR insurance company should have paid the claim.

I suggest taking the check back to your neighbor's company and telling them of the additional damages and seeing if they will give you a supplement check. If not try your insurance company and then if your company feels that the other company was trully the guilty party then you r company will pursue it with the other company.