Tree Damage

[rowz]

New Jersey. Hi all. Long time no post. We had a period of very strong wind gusts today here in NJ. A huge gust cause a large upper limb to come down taking two other large but smaller branches with it. The tree is 30+ feet tall and just on our side of the property line. 98% of the debris is now on the property of the adjacent homeowner. Thank goodness no other damage other than debris.

A Police officer responded to the scene [as there were some light debris in the road], and proceeded to tell me that it my responsibility to deal with all the debris as it is my tree. Having had this issue way back in the past [same state different property] I felt confident asking where he learned that info and that it was wrong. He then said to call my insurance company and they will pay for it. Again….wrong.

I returned home to find a politely worded letter from the affected homeowner in the doorway. I contacted her and politely informed her of the erroneous info. She let me know that her insurance company told her it was my problem and that they would not pay for removal [which I believed from the start that would be the case]. She also let me know that the responding officer assured her that it was my responsibility.

I might be willing to contribute some time and chain saw work to cut it up, but not do the heavy removal lifting. Or perhaps just contribute no more than 100.00 for cleanup.

Would doing so would open me up to any liability?

I do not want to contact my HO ins. Co., nor even provide that info. Am I required to do so?

If can come to an agreement with them as suggested above what should I include in a release?

Thank you for your time and attention.

RowZ

Oh.....I would like to speak to the Police Chief about his officers giving incorrect advice.....or should I let that part go.

 

[quincy]

How healthy was the tree?

You should contact your insurer.

 

[adjusterjack]

I might be willing to contribute some time and chain saw work to cut it up, but not do the heavy removal lifting. Or perhaps just contribute no more than 100.00 for cleanup.

Would doing so would open me up to any liability?

Not only could it open you to liability but failing to disclose the claim to your insurance company could give you problems if you get sued.

You are not responsible for the debris from wind related damage to your tree. Period. So just keep saying no to your neighbor (without discussion) unless you are willing to foot the bill for all of the debris. It's all or nothing.

I do not want to contact my HO ins. Co., nor even provide that info. Am I required to do so?

Yes. Your policy requires you to notify your company if you have knowledge of a claim against you. Your neighbor is making a claim against you and your insurance company has experts who know how to make short work of it. You don't.

Oh.....I would like to speak to the Police Chief about his officers giving incorrect advice.....or should I let that part go.

Let it go. I doubt that it will change anything.

 

[Zigner]

A properly crafted release in exchange for payment would go a long way to preventing a lawsuit. You would want to speak to an attorney about that if you wish to pursue that option.

 

[LdiJ]

A properly crafted release in exchange for payment would go a long way to preventing a lawsuit. You would want to speak to an attorney about that if you wish to pursue that option.

In this instance I disagree. The OP should inform their insurance company of the claim, and let their insurance company deal with it.

 

[Zigner]

In this instance I disagree. The OP should inform their insurance company of the claim, and let their insurance company deal with it.

I don't disagree with you, but I am going to clarify my earlier post. If the OP *wants* to offer money to help this, the OP should insist upon an attorney-drafted (or, at least reviewed) release in exchange for any payment. This is not exclusive of advising his insurance company about the possibility of a claim, but such a gesture could actually head off a claim. An attorney would be able to advise the OP in this area as well.

 

[rowz]

Thank you all for your input. I understand the point of "all or nothing " as something could be construed as an admission or acknowledgement of responsibility.

I dislike informing the insurance co. as as I read it this is an act of God and there is no evEvidence of the tree having apparent damage. We did have 70 mph gusts today.

Though I dislike it I understand it. Could this raise my rates anyway?

 

[LdiJ]

I don't disagree with you, but I am going to clarify my earlier post. If the OP *wants* to offer money to help this, the OP should insist upon an attorney-drafted (or, at least reviewed) release in exchange for any payment. This is not exclusive of advising his insurance company about the possibility of a claim, but such a gesture could actually head off a claim. An attorney would be able to advise the OP in this area as well.

I understand your point, but still disagree. If the insurance company wants to treat it as a nuisance complaint and pay something on it, even when it's not valid, then the insurance company will pay for the attorney.

 

[quincy]

Thank you all for your input. I understand the point of "all or nothing " as something could be construed as an admission or acknowledgement of responsibility.

I dislike informing the insurance co. as as I read it this is an act of God and there is no evEvidence of the tree having apparent damage. We did have 70 mph gusts today.

Though I dislike it I understand it. Could this raise my rates anyway?

Your insurer might agree with you that it is an act of God, especially if there were strong winds and your tree was healthy. That does not mean you should not inform your insurer of the damage caused by the tree and the neighbor claiming you are responsible.

 

[rowz]

Ugh.....you guys are tough. I will contact the ins. Co. I do see the point. The wind was well over 70mph in that instant.

 

[Zigner]

I understand your point, but still disagree. If the insurance company wants to treat it as a nuisance complaint and pay something on it, even when it's not valid, then the insurance company will pay for the attorney.

That's also a fair position to take. It's really a matter of what the OP chooses to do.

 

[xylene]

This seems like something that 45minutes to an hour of cutting, pruning and bundling could 100% take care of.

 

[zddoodah]

I might be willing to contribute some time and chain saw work to cut it up, but not do the heavy removal lifting. Or perhaps just contribute no more than 100.00 for cleanup.

Would doing so would open me up to any liability?

Only if you do whatever you do in a negligent manner.

I do not want to contact my HO ins. Co., nor even provide that info. Am I required to do so?

Required to contact? Yes (read the portion of your policy that relates to this subject). Required to provide insurance info to your neighbor? No.

If can come to an agreement with them as suggested above what should I include in a release?

Whatever your attorney advises you to include. Anonymous strangers on the internet are about as good for something like this as cops are at opining about civil liability issues.

I would like to speak to the Police Chief about his officers giving incorrect advice.....or should I let that part go.

You probably should let it go because it almost certainly wouldn't be well-received.

A properly crafted release in exchange for payment would go a long way to preventing a lawsuit.

Releases don't prevent lawsuits. Rather, a properly worded release may provide a defense in the event of a lawsuit.

I dislike informing the insurance co. as as I read it this is an act of God and there is no evEvidence of the tree having apparent damage.

I'm not sure what expertise you have regarding trees to support the last part of this statement, but it isn't up to the policyholder to determine whether a particular incident is or isn't covered. What you need to understand is that, in a situation like this, the biggest benefit that your insurance provides is a legal defense in the event you get sued. While it's probably unlikely that your neighbor will sue you, if he does, then you'll need a lawyer, and that costs lots of money. If you properly report the potential claim, then there will be no issues with your insurer providing legal counsel for you. However, if you fail to report it, then you could have problems.

Could this raise my rates anyway?

Reporting a potential claim should have no impact on your rates.

 

[Zigner]

Releases don't prevent lawsuits.

I never said they did

Rather, a properly worded release may provide a defense in the event of a lawsuit.

A properly crafted release would include provisions that could call for the other party to be penalized (financially) for bringing this to court, which could help to prevent a lawsuit from being filed in the first place. So, yes, a properly worded/crafted release could go a long way towards preventing a lawsuit.

 

[adjusterjack]

What you need to understand is that, in a situation like this, the biggest benefit that your insurance provides is a legal defense in the event you get sued. While it's probably unlikely that your neighbor will sue you, if he does, then you'll need a lawyer, and that costs lots of money. If you properly report the potential claim, then there will be no issues with your insurer providing legal counsel for you. However, if you fail to report it, then you could have problems.

Amen to that.