neighbors tree fell on my fence

[zekebo]

What is the name of your state? What is the name of your state? tn

High winds in a storm blew a large limb from my neighbors tree and flattened my 5 ft. chain link fence. About 40 ft is damaged. Should I call the insurance co to file a claim or leave it to my neighbor. We both have the same insurance co. I know their deductable is probably high and I hate to put that them. Anybody have any ideas. Thanks.

 

[hexeliebe]

legally your neighbor is liable, however, since you're trying to be a good neighbor go ahead and file with your insurance company. They still may charge his insurance but doing the right thing is always the first option.

You may get differing opinions here so I'll just say, contact your insurance carrier and ask them their opinion.

 

[RunningOnEmpty]

Whether you neighbor is liable for your damages would depend on why the branch fell off the tree.

If the tree was sick, diseased or poorly maintained, your neighbor would be responsible, because he would be considered negligent in the maintenance of his tree.

If, however, the tree was healthy and well-maintained, the neighbor would not be negligent. The high winds which blew the branch off the tree and onto your property would be considered an "Act of God," for which he was not responsible.

Let your insurance deal with it, so that you and your neighbor will remain good neighbors. Your insurance company will examine the tree or have an arborist examine it. Let them determine whether your neighbor is responsible or not.