Advise on storm damage claims/responsibility

itno

itno

itno

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A tree in our garden fell down in the current storm but went sideways damaging the neighbour's fence, possibly other items outside, and next door neighbour's neighbour pushed a note through the door saying their property had been damaged by the tree. The tree was pulled out of the ground where there's a big hole in garden where the roots were. So far spoken to the next door neighbour who said they are going to check with their insurance who is liable for clean up and repairs. I've checked with my insurance and they say that neighbours' need to make claims with their respective insurers. However, I'm guessing from the note pushed through the door, the next door neighbour's neighbour may not have insurance.

What would you do in this situation? I'm going to contribute or pay to have the tree removed, I'm waiting for neighbours' to get back to me as will need to coordinate between the three properties. What about any other damage? Would you contribute to repairs?
 
It’s the same as car insurance as far as I’m a ware..

You tell your insurance company, and give them the details of the parties involved.. then it’s a case of them discussing who pays what.

I had a fence come out and hit the car parked behind my house.. sadly for the car owner, that land is officially mine too, so they should have been parking there. Since they was renting, they got their land lord involved.. I just gave them my insurance company and never heard about it again.
 
Thanks for the reply. I'll get back in contact with my insurance to find out next step.
 
Griff7520 said:
got some roof damage last light, dont know wether to just get it repaired or get the house insurance involved, Not used insurance before, is it straight forward?
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I've mixed experience with insurance. Car has been okay but home hasn't been a great experience. Previous insurer was a bit useless as they send someone to inspect the damage in a reasonable amount of time and work out how much to pay, less the excess. Most of the time this wasn't very much and they said they wouldn't find builder or roofer to do work as it was up to the home owner. Trying to get someone to do the work was the biggest problem because builders/roofers contacted either wouldn't reply to emails or if I did get in contact and they agreed a date/time didn't turn up. Spoke to a neighbour who said he knew a good guy who did turn up and I showed the problem. He just exclaimed, "Nah!" and walked off. Did get someone in the end over a year later.
 
itno said:
I've mixed experience with insurance. Car has been okay but home hasn't been a great experience. Previous insurer was a bit useless as they send someone to inspect the damage in a reasonable amount of time and work out how much to pay, less the excess. Most of the time this wasn't very much and they said they wouldn't find builder or roofer to do work as it was up to the home owner. Trying to get someone to do the work was the biggest problem because builders/roofers contacted either wouldn't reply to emails or if I did get in contact and they agreed a date/time didn't turn up. Spoke to a neighbour who said he knew a good guy who did turn up and I showed the problem. He just exclaimed, "Nah!" and walked off. Did get someone in the end over a year later.
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I know what you mean, I have a guy from the village coming to have a look, will probably see what the damage/quote is before going the insurance route.
 
I read up about this a while ago for a friend who's neighbours tree fell and completely flattened his garage (precast concrete crappy thing) with a car inside, and unless they can prove negligence on your part for the trees health its not your problem and they have to claim on their own insurance.
 
itno said:
Would you contribute to repairs?
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if I were in a financial position to be able to do so I would seriously consider it.

although you probably have no obligation to do so if the tree was healthy.
I mean it's your tree, if a tile fell of your roof and damaged property next door, you'd probably pay for it?
I don't see why a tree's that much different


your tree, your responsibility surely, why should next doors premiums go up for something you own causing damage?
 
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itno said:
A tree in our garden fell down in the current storm but went sideways damaging the neighbour's fence, possibly other items outside, and next door neighbour's neighbour pushed a note through the door saying their property had been damaged by the tree. The tree was pulled out of the ground where there's a big hole in garden where the roots were. So far spoken to the next door neighbour who said they are going to check with their insurance who is liable for clean up and repairs. I've checked with my insurance and they say that neighbours' need to make claims with their respective insurers. However, I'm guessing from the note pushed through the door, the next door neighbour's neighbour may not have insurance.

What would you do in this situation? I'm going to contribute or pay to have the tree removed, I'm waiting for neighbours' to get back to me as will need to coordinate between the three properties. What about any other damage? Would you contribute to repairs?
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You: Hi, expensive lawyer I have on speed dial.

* conversation*

Lawyer: I see.

You: Thank you.

* end scene *
 
Ridge tiles flew off our roof in the last big storm, a couple of years back, and they hit the neighbour's roof and windows, knocking off around 8 of their roof tiles and smashing a side window.

Spoke to our insurance and they would only cover the damage to our property and not the roof or window of the neighbour's property.

We covered the cost of the replacement window immediately and had their roof tiles replaced when a roofer eventually fixed our roof.

There was no doubt that our ridge tiles caused all the damage and so, IMHO, it was only fair to cover the costs - and do you want grief with your next door neighbour and a possible issue to have to report when you want to sell!

The biggest problem was getting anyone to even come out to look at the roof - even experienced people coming out, promising to have a quote emailed by the end of the week and never hearing from them again... when chased up, it was "too small a job" for them to bother with!
 
Usually if your tree falls on their land and causes damage then you are liable, however the UK also generally considers damage caused by the weather not to be anyone's fault so... it depends. If the tree was in poor condition and not well looked after then you may be liable, otherwise because it happened in a storm you aren't. Either way the wood from the tree still belongs to you should you want it.
 
200sols said:
No. You would only be liable if you were negligent, i.e you allowed the roof to go into a state of disrepair.
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I meant as a good neighbour... and you can't always tell when a tile is loose it has nothing to do with the state of disrepair...

also I meant people would generally want to be the good neighbour and pay for the damages done when their property has caused it.


if OP posted pics people would be better able to assist. sounds like it could have done a few hundred quid of damage to a fence.
 
I'd pay them about tree fiddy


Im sure that a storm that had a red alert tagged to it, is not something that can be helped if something broke and fell on your neighbors fence IF the tree for example was in a good state of health, and not a high risk.


Maybe if the tree is old/ rotted, dead, and was bound to not stay stable in a high rated storm? in which case, the tree should have been cut down if it was not in a good state of health.
 
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arknor said:
I meant as a good neighbour... and you can't always tell when a tile is loose it has nothing to do with the state of disrepair...
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You can't tell no, but you can tell if a roof is obviously in a poor state which is really the only way your could pursue a neighbour if they don't offer to pay themselves...
 
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Richie said:
This is what happens with car insurance as you are seen as a greater risk even if you could o nothing to prevent/avoid the collision. Something that has always baffled me and which I disagree with.
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That's because in the vast majority of cases there IS some contribution from the "innocent" driver, e.g. not taking evasive action quickly enough, being stubborn and not getting out of the way, or parking in a stupid location
 
Might be a somewhat unpopular view but if a tree is felled / tiles fall off roof etc and damages next door neighbours property, surely it is for them to claim on their insurance to fix any damage?

I had a similar issue when I lived in a rented flat and a pipe burst, damaging the flat downstairs. Downstairs kicked off demanding monies for all sorts of items supposedly damaged outside of the obvious ceiling / carpets etc. I effectively told them to sod off and contact their landlord and / or make a claim from their own insurers etc. They were proper keyed off as I recall and moved out not long afterwards.
 
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