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Neighbor's falling tree limb damages my car

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irishbobcat

Junior Member
What is the name of your state? Ohio

Last week a limb from my neighbor's tree that overhangs on my property fell and dented
my car roof.

Shouldn't my neighbor be responsible for paying for the damage and repair to my car?

My car insurnace company said we need to file a claim on my auto insurnace and have the neighbor pay for the deductable. Wouldn't this claim raise my insurance rates?

If it was the branch from my neighbor's tree that fell onto my car, why shouldn't it go through her insurance company?:confused:What is the name of your state?
 


moburkes

Senior Member
irishbobcat said:
What is the name of your state? Ohio

Last week a limb from my neighbor's tree that overhangs on my property fell and dented
my car roof.

Shouldn't my neighbor be responsible for paying for the damage and repair to my car?

My car insurnace company said we need to file a claim on my auto insurnace and have the neighbor pay for the deductable. Wouldn't this claim raise my insurance rates?

If it was the branch from my neighbor's tree that fell onto my car, why shouldn't it go through her insurance company?:confused:What is the name of your state?
Are you saying that your car insurance company is wrong? Wow! Time for you to shop for a new auto insurance company.

If you have comprehensive coverage, then file the claim with your car insurance company. You are responsble for the deductible. You will then ask your neighbor to pay this deductible. No insurance company is going to raise your premiums for an act of nature. You did not cause this, therefore you were not at fault.
 

jhmva

Junior Member
whether you like the answer or not, you already filed the claim with your company, and even if the two of you work it out for payment, that claim will be yours. True that almost never should raise your rates ALONE, but in combination with multiple other "incidents" you may face an increase. But at this point, let you company repair the damages and you can try to get your deductible back from the neighbor, but without court you can't make him.
 

moburkes

Senior Member
jhmva said:
whether you like the answer or not, you already filed the claim with your company, and even if the two of you work it out for payment, that claim will be yours. True that almost never should raise your rates ALONE, but in combination with multiple other "incidents" you may face an increase. But at this point, let you company repair the damages and you can try to get your deductible back from the neighbor, but without court you can't make him.
And if your insurance company feels that the neighbor was negligent, the insurance company will be talking to your neighbor's insurance company. Its called subrogation.
 

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