who is responsible

[mrluvlong]

What is the name of your state? Indiana


My neighbors tree fell from a wind strom damaging my power line the power meter and siding off of the house from the yunking of the power lines. my power was cut off by the electric company.I beleive the tree is rotten.should his insurance cover it or is the responbilty mine.I want to be compenstaed for the damages I dont want to file a claim with my insurance.

 

[Arch304]

sounds like he (your neighbor) is responsible, it is his treee right? he wont want to file a claim either, and should reimburse you fully.

 

[justalayman]

Unless you can prove the tree was defective AND the neighbor was aware of it, he is not liable. God is. It's called an act of God and you need to claim it on your insurance unless you can prove the previous situations.

 

[kmomof6]

"I believe the tree is rotten"

Why do you believe the tree is rotten? Did you ever inform your neighbor that his tree appeared to be rotten? Was the tree ever checked by an arborist?

Unless you KNOW that the tree was rotten, and unless you can PROVE that your neighbor knew the tree was rotten...then you are responsible. Or, more accurately, your homeowners insurance is liable.

 

[fairisfair]

I think your neighbor is responsible for that. You have to prove that that tree is damaged and the neighbor is unaware about it. If the tree cut out , these things cannot happen.

speak english please.

oh, and you're are wrong.

 

[caslerst]

I just talked to my insurance agent about this exact thing. He said (in Nevada), if the tree is healthy or looked healthy, it is considered an act of God and you are responsible for the damages to your house.

If however, a reasonable person could see that they tree was rotten, or otherwise unsafe, your neighbor is responsible because he should have had the foresight to see that the tree could come down in bad weather.

My suggestion, if you are right and the tree was rotten and a reasonable person could see it was hazzardous, would be to take multiple pictures of the tree, especially the rotten parts, and submit them to his insurance company.