property damage claim

[trio3b]

What is the name of your state? Texas

Rock wall collapsed on our rental property collapsing carport and crushing tenants car.
Rock wall is clearly on neighbors property according to survey, not stradling property line. We have video and pictures of wall bulging over onto our property and a large tree root on neighbors side of the rock wall (now exposed) pushing against what was the leaning wall. We had to clean up the mess, repair the tenants car, and replace the carport. Our insurance , his insurance and he never paid off on about $3000 damages.

Consulted several attorneys who reviewed our evidence and indicated we would probably prevail, but ended up by saying it wasn't worth it for them, so we filed in small claims court. Date is set for Jan 10 2008. Yesterday received notice from defendants insurance company that they have hired a local law firm who is requesting jury trial.

Can they request jury trial this soon before the set trial date?
If so I imagine we can request an extension?
Can we refuse jury trial?
If not should we request a settlement from the insurance co.?
Would a large law firm go through the expense of a jury trial for a small claim (for them) such as this?
Would a judge allow a jury trial in a case this small?
Since we cannot get anyone to take the case are we dead in the water?
Sounds like the ins. co wins again.

Sorry about all the questions but any help appreciated...any advice?

 

[moburkes]

Your tenant's auto insurance should have covered the damage to his vehicle. Your home insurance, minus your deductible, should have paid for the damage to the carport. Your neighbor's insurance shouldn't have paid.

 

[trio3b]

property damage

So, I guess we need to put the brakes on suing the neighbors ins. company?
If our ins. co won't pay for the carport, do we have any recourse?

Thanks for any help.

 

[moburkes]

So, I guess we need to put the brakes on suing the neighbors ins. company?
If our ins. co won't pay for the carport, do we have any recourse?

Thanks for any help.

What is the reason the claim is being denied?

 

[trio3b]

property damage

To the best of my knowledge this happened after an extended period of rain (about 2-3 days) and they claim this is flood damage to the wall. There was NO rush of water, just that the wall and ground became weakened by saturation due to the rain. And we don't have flood insurance. We're in the desert. AFAIK we're not in any "certified" flood plain.

I will double check this.

This all happened about 2 years ago and our ins. has washed their hands of it. They have stated they're not going to cover it. We have replaced/repaired everything ourselves and the neighbor put up a new wall...he had to. I think the city made him do it.

Maybe we should be suing our own ins. company instead of his? Anyway, the neighbors ins. has hired a local law firm and they are requesting a jury trial. We don't want to get into a jury trial. We don't have the expertise nor the time for that.

Any help appreciated.

 

[moburkes]

The neighbor shouldn't be involved. I have no idea why you'd sue your own company. Ask why they are denying the claim. You should have received the reason why - and the section of the policy that they are using to deny the claim. Does the section they cite back up the reason?

 

[tammy8]

It seems like if you don't have flood insurance, you don't have coverage and you have nothing to claim. Am I missing something here?