Is hitting a tree a collision or comprehensive deductible? I hit a tree with my car, nobody hurt, no loss of property, only the car damaged.
Hitting a tree would be covered under your collision deductible.Collision Coverage: Collision covers the cost of repairs caused by getting into an accident that involves another car or a non-moving object. It is an optional coverage, but may be required if you lease or finance your vehicle.Examples of collision accidents include:Crashing into a parked carCrashing into a moving vehicleAnother car running into yoursColliding with a stationary object like a street pole or a treeIf you did drive into something, like a light pole, and dented your car you will likely experience a premium rate increase for filing a claim because your own insurance company has to cover the cost of your repairs. See how much a claim would impact your insurance premiums on Insurify.The bar graph above demonstrates just how much premium rates increase based on number of claims filed alone. These monthly premium costs were filtered to include all single drivers with one vehicle who own standard coverage insurance policies. Your auto insurance bill could jump almost $30/month just by filing a claim.Your insurance premiums increase based on fault, severity of the accident, your driving history, and your policy details. Many factors are considered before your provider may decide to increase your rates; the type of claim is only a fraction of the decision.
A tree on my property fell onto a neighbor's fence and he wants me to pay for it. The law says a fallen tree on his property is his problem to deal with. What should I do?
If a tree that belongs to you falls into your neighbor’s property causing damage, you will, in most cases, be liable.You could even be found negligent for not making the tree stable, or removing it before it fell.If you were a good neighbor, you would take responsibility and work with your neighbor to handle the problem mutually.Now, if the tree leaned heavily over the boundary line, without any prior complaint from your neighbor, then he/she would have to take responsibility for not cutting it back, or working out its removal with your approval to prevent it falling.Fences and trees are a source of great frustration between neighbors. It is better to negotiate a mutually agreed resolution than become enemies over the situation.Your only other option to getting along is to litigate, or stare daggers across the broken fence at each other. Would it not be better to work out a less negative situation?
My neighbour broke the backyard fence connecting us and wants me to pay half to have it repaired. Should I have to?
Fences are usually one one side or the other of a property line, though not always. If it’s on his property; it’s his fence to repair, replace, or do nothing. If it’s on your property, he broke your fence and he owes you.If indeed it is on the property line, then the matter gets confusing. Was the fence in good shape before he broke it? How did he break it? Did he lean on it and it fell over or did he hit it with his pickup truck? Big difference. How do you decide on what level of quality of fence to put there now? What quality of fence maintenance is expected in the future? What if one or the other of you doesn’t contribute to that level of maintenance? What if he does, but he moves and the next owner doesn’t? Given these kind of messy scenarios, I’d not want to ‘share’ a fence on a property line.If it were me, and it was NOT entirely on my property, and I wanted a fence there, I would build ME MY fence on MY property.If the original fence was on my property and he broke it, or if he breaks the new one that’s on my property, then it’s his responsibility to fix it.Now - you gotta decide is it worth ticking off your neighbor if he doesn’t like living up to his responsibilities.
Whos responsible for tree that was blown over in a storm and damaged my nieghbors fence?
I have a vacant piece of property taht has only trees on it. recently , a severe thunderstorm came through and blew over over a tree that was at the back of our property and damaged a nieghbors chainlink fence. My husband went over and removed the tree at the same time noticing that the tree was diseased. The nieghbor told us we had to turn it into our homeowners insurance. We explained that you cant put home owners ins. on vacant land and she needed to file a claim with her insurance. She now is taking us to small claims court.She claims that the tree has been dead for 4 or 5 years . As we are rarely at the property and have had it up for sale for a year. We never were aware of this! She left out the fact that a storm that blew several trees down in our town was responsible. Is this our responsibility? And if she knew the tree was dead why didnt she call with concerns? I live in florida . Can anyone answer this question.Thank you
If a dead tree on my neighbor's property is likely to fall and cause damage on my property, is my neighbor obligated to pay for the tree removal, or should I expect to share the cost?
Generally, if the tree owner, that is the place where the tree is rooted, fails to properly care for it, and it falls on your property, they become financially responsible for any damage caused by that tree.Whether they would be financially responsible for you staying in a hotel, for example, I cannot say.The best way to resolve this may be to call the power company. Sometimes power companies will remove trees if they are in a position to damage power lines. You can also do as others have suggested, call an arborist, get an opinion (they will normally provide free estimates) and go speak with the owner about the problem and the danger.I recently had a tree company come in and remove all of the branches from the trees my neighbor has failed to keep from crossing over my fence. He actually asked permission to come onto my property and trim the trees and I said sure. The resulting trimming was laughable, and frankly, probably damaged his trees. I do not expect to recoup the cost from him.It is good to be proactive when you can, but you want to be sure to follow the law. You cannot trespass onto someone else’s property to trim. Different jurisdictions will have different laws.
How can I prove my neighbors negligence of their trees, which will eventually fall onto my property?
You might consider contracting to a qualified arborist to do a visual inspection of the tree from the ground and to prepare a report of the likely risks and necessary abatements, and then, once you get that report, send a copy of that report to your neighbor by registered mail. That will give you proof that your neighbor was either aware of the risk, or was at least willfully ignorant of the risk, and when no action is taken and the risk evolves into an eventuality, you will be more able to prove that your neighbor was negligent in taking no action.You may also want to contact your community’s code enforcement agency. Most communities require landholders to maintain vegetation on their property in such a state as not to create a hazard to the public or to adjoining landholders, and thus failing to do so may well be a violation of some building code or other ordinance which the local authority may have the power to abate, either by ordering the landowner to do so, or by abating it itself and taxing the costs to the landowner.The foregoing is, however, not legal advice; for that, you need to consult with an attorney licensed in your jurisdiction.
My neighbors tree has grown into my fence. I want my neighbor to pay for all damages but he refuses and wants to pay for half! What should I do?
Unfortunately, even though this seems like a simple question, you have a classic law school property issue here because the law varies greatly by jurisdiction, which is why you are getting vastly different advice in the many answers here. The only valid advice I can give you is to peruse the answers here lightly - only to get an idea of some of the possible outcomes and potential solutions. Then, talk to a local attorney to get the actual rules where you live.Be careful if you decide to research this yourself because this truly comes down to the most local of governments. There are a few basic schools of thought derived from the English common law, which are split between allowing a landowner to cut any overhanging vegetation, or requiring the landowner to live with the tree because the law supports free growth of nature. If your jurisdiction allows you to cut the vegetation, next question is who will pay for it. I'm guessing that the fence will be your responsibility since you allowed the tree to grow for all these years without stopping it before it destroyed the fence (assuming this is your fence and not a shared fence). If it's a shared fence, it will probably be a shared cost but, again, you'll need to check with local law.All of this is decided by local law. Were you in the US, it could be state law, county law, municipal (city/town) law, or community regulations (HOA CC&Rs). Unless Canada has enacted a national law on this issue, which I find doubtful, you'll need to figure out which governing body has a say in this matter where you live.