Tree fell on my property, crushed my fence

[Lisanmoon]

What is the name of your state? Ft. Pierce, Florida

The lot next to my house is vacant except for it being very wooded. Most all of the tall trees on this lot are dead, and have been since shortly after the 2004 Hurricanes of Frances and Jean. That was four years ago. A few days ago one of the dead trees broke at the base, fell over, and landed on another tree, caught in the vines. That was the only thing holding it up there. I called the owner the next day hoping to get an answer and have the problem fixed before it crushed my fence. They did not return my call. It was the weekend. Two days later, the tree finall fell and crushed my fence. I called the owner and she told me she would have some one cut the tree up remove it, and pay for the fence repair. She calls me back one day later and says her insurance company said she is not liable, it was an act of God, and that her attorney said she wasn't liable.

The trees have been dead and neglected for years and they threaten my roof now, with hurricane season coming on. If I take her to court for the damages out of my pocket, do I have any recourse?

 

[seniorjudge]

Sue the bad landowners in small claims court for the actual and direct amount of dollar damages you suffered.

 

[moburkes]

Sue the bad landowners in small claims court for the actual and direct amount of dollar damages you suffered.

Or, contact your insurance company, let them pay (minus your deductible), and, if the other people are responsible, your insurance company will represent their and your interests in court.

 

[JustAPal00]

Contact your insurance company. If the tree was dead and the owner should have known it was dead, then it is not an act of god and her insurance will have to pay for it. If the tree was alive or the owner didn't know it was dead, then it is an act of god and your insurance will pay!

 

[uswcdh44]

file liability claim or HO claim

If you file it on your insurance, you will have to pay the deductible, and will lose the depreciation, as most carriers do not pay depreciation back on fences, but your insurance co will go after the owner of the other property, if they are found liable an dreturn both the depreciation and deductible to you. If you file a liability claim against the other owner through their insurance, you will not have to pay a deductible, but it will be a long process.

 

[windchime]

Hope it's not to late to put in my 2 cents. I live in port saint lucie, Fl. same county as Ft. pierce, Fl.

When my tree fell in the hurricanes, it landed on my neighbors chain link fence. I called my insurance comp. and was told she would have to claim it on her insurance. I also found out that year, that if it is a wood fence unpainted it's not covered.

In PSL the board past a law about died trees on vacant lots. Something about, if it's died the owner must remove it from the property. If they don't the city would remove it and put a lien on the owner. Not sure if Ft. Pierce did the same thing.

Oh, and by the way, my neighbor did claim the fence on her insurance along with the rest of her hurricane damage and never fixed the fence. I got tired of looking at it and went to home depot, spent $38.00 and fixed it myself.