I neighbours tree fell in high wind, and totalled 2 cars i own, who is to blame

Question

my children's cars were parked in the street, a neighbours tree fell and totalled them, one was fully comp insured, the other 3rd party,

who is to blame and can i claim the insurance excess back for the fully comp car, and the cost of the car that was insured 3rd party

Answer 1

JoelKatz is correct.

The area of law you are in is tort. If the neighbours knew the tree was in a bad way and could fal in high winds and did nothing about it then it is likely the courts would find their actions unreasonable and place liability on them.

If they were unaware of the danger then it is just one of those things unfortunately.

xx VP

Answer 2

Nobody, it's called an act of God.

Answer 3

i think  that you could claim off your neighbours home insurance for both cars s it was his tree

Answer 4

If it was storm winds that caused the tree to fall, then the child with the comprehensively insured car claims on their insurance, then his insurers will seek a settlement from your neighbours buildings insurer. They will lose the excess. Your other child is out of luck. Your neighbour is not liable unless you can prove the tree was dangerous prior to the incident.

Answer 5

The claim should be passed onto the neighbours would should send it to their house insurers.  Alternately you claim on your insurance and your company pass it on to your neighbours insurance for payment.

Answer 6

No wonder the other poster's name is The Drunk Fool. You my friend, are unfortunately SOL. Who's to blame? God is, and that is exactly what your insurance and your neighbor's insurance policy is going to say. Unless you can PROVE otherwise, which would be nearly impossible.

Answer 7

If the neighbours were cutting the tree down at the time then its their fault, if it just blew down in the wind then its just an act of god, and not anybodys fault, just bad luck. You'll just have to claim on the insurance as thats what its for. No point in getting in  a row with the neighbours, the tree could of blown either way , just an accident.

Answer 8

God is to blame, unless you can show negligence on the part of your neighbour.

You would have to prove that the tree had been in an unsafe condition before the storm, and they were aware of this and had done nothing.

Answer 9

They are this happen to my dad they owe u they know that tree needed to come down  

Answer 10

Homeowners insurance and your car insurance. Let them go after the neighbors if they let the tree grow too big.

Answer 11

claim of their house insurance. Their tree was not maintained and fell due to it being too big.

Answer 12

God is to blame for the tree falling, you must have been doing some serious sinning

Answer 13

the wind was to blame, and if a car is only 3rd party insured then you know if anything happens you have to pay for damage same as if you had accident in car.

Answer 14

Lawyers love questions like this. The answer is that the wind is to blame.

You would have to prove that your neighbors were negligent. This is almost impossible to do unless you can show that someone warned them that the tree was at risk of falling and that they were unreasonable in failing to act on the warning.

Be prepared to explain why, if it was so obvious that the tree was at risk of falling down, you didn't cut it down yourself.

There is really a field called "Tree Law" and it's all about this kind of thing.

Answer 15

I would be expecting your neighbour to be in contact with his insurance company at once.  Always remembering that insurance companies are not in business to give away money and will resist.  Explain to your neighbour that you cannot involve the ins co but can only sue him in person, no intention of ruining any friendship between the pair of you, but your hands are tied, only he can push this claim as only he has a claim against his ins co.  If they refuse to pay up, then the claim from you will go straight onto his shoulders where it has been all along.  Hope things turn out OK for both of you.  Be prepared for a long wait, again, ins co's are not the fastest on the block........

Answer 16

You already stated it was a high wind. That sounds as if the WIND is to blame for the tree falling. It would be up to your coverage as to how much is paid on which car.  

Answer 17

Just turn it in to your Insurance. If it would have happened in your drive way then the neighbors might be responsible.You don't own the street. The city does. The only car that is covered with comprehensive is the one you can file a claim on. If the other car is just liability it's not covered Because like one guy said if the wind blew it down it's an act of nature.