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Neighbor's tenant may try to sue me.

Old 06-26-09, 08:29 AM
  #51  
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Originally Posted by Square & Compas View Post
The only way I am responsible is if I was cutting the limbs off of the tree and they fell on her car.
Incorrect. If your tree damages the property of another, you can be held liable. A neighbor's tree branch fell on our house 9 years ago after a storm...when I asked for help with the damages he told me the same 'act of God' bs. We went to court, I won.
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Old 06-26-09, 08:35 AM
  #52  
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Originally Posted by Square & Compas View Post
First the tree is healthy, nothing wrong with it, not diseased, no dead branches or anything like that. Second part of it does over hang my neighbors property. It is high enough where it does not come in physical contact with their garage.

That said, yes it needs to be trimmed, but NOT because it over hangs their property. It is because the part of the tree branches that hangs above my property is currently in physical contact with my roof and my above ground phone line. I don't want the tree to wear a hole in my roof, which could happen if left alone, or any damaged cause to my phone line. the only reason the section of tree will be trimmed above my neighbors property is to make it looked balanced, so for asthetic reasons and also to keep it balanced in weight. You don't want one side of a tree, especially one that is 30' to 40' tall to be unbalanced that high up.

Oh and before anyone asks or says anything about it. The small branch that hit the tenants car would likley NOT have been one that would have been trimmed, when I contact a tree service to have it trimmed.

To answer your question if only the one side is trimmed it will leave the tree unbalanced, thus eventually causing damage to the tree further down the trunk. I think I mentioned about 8 years or so ago the main trunk was starting to split. Not because it had been improperly trimmed, but because of the way it was growing. We had it trimmed to be even all the way around, thus lightening up the weight and making it more balanced and the tree healed itself.
The reason I won from my incident is because we maintained that the tree was not cared for in a reasonable manner to prevent damage to our property. Trees need regular pruning...ESPECIALLY when there is potential of damage to another's property.
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Old 06-26-09, 09:03 AM
  #53  
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Originally Posted by zac View Post
To the OP: I didn't read the entire thread, just bit and pieces:

1) First and foremost: Consult with an attorney. Only your attorney can offer you legal advice. So far, neither the agent nor anyone in this thread, is a lawyer licensed to practice in your state.

2) As to act of nature/god again there are so many legal exceptions and exceptions to coverage, assuming this even covers the event. Also many jurisdictions have special laws and case law that applies to trees and overhanging limbs.

3) If you are sued, your Home Owners Company may have a duty to defend (legally) but again check your policy and really the best one to advise you is your attorney.

These things boil down to an economic decision. What are the damages? What are the costs of retaining counsel and incidentals.




This is not legal advice and I am not your lawyer.
You are correct but would it not be economic to do the right thing and split the cost.

The girl is a student and just got hit with a big expense.
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Old 06-26-09, 09:26 AM
  #54  
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Originally Posted by slvoid View Post
In Texas, you're allowed to blow away the part of your neighbor's tree overhanging on your property with an AK-47.
Yes, I know, because that's basically what a neighbor did to a tree in my yard. Okay, a chainsaw was used but still.... At the time it made me sick because I lost a lot of back yard shade, but the tree grew back pretty quickly.
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Old 06-26-09, 10:01 AM
  #55  
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Originally Posted by v70cat View Post
You are correct but would it not be economic to do the right thing and split the cost.

The girl is a student and just got hit with a big expense.
economic and neighborly.
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Old 06-26-09, 12:14 PM
  #56  
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Originally Posted by lauren View Post
She is probably making $40k a year! It was only a big expense because she was stupid and went to the dealer. Anyone with half a brain knows you don't go to the dealer for non-warranty work! I have no sympathy for stupid people that lie, and she is both.

PS: If the neighbor's rental area is against city codes I'd tell him to make her STFU or you'll report him to the city.
A friend of mine was in a similar situation and the person trying to sue him for damage done to his car had done some work on his house that required a permit. However, that person never obtained a permit and my friend threatened to tell the city. The other person dropped the threat of a lawsuit and never brought up the subject again.


I think the girl is stupid for having parked her car under a tree. Kind of like the parents who let the kid do a "sleep over" at MJ's house and then sued him for child molestation later. What were they thinking????
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Old 06-26-09, 12:20 PM
  #57  
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I just talked to my insurance agent. Here is what he told me;
1. No attorney will take the case, unless she is dumb enough to pay a retainer in advance.
2. If it does got to court State Farm will represent and defend my wife and I, we have no need to consult our own attorney at our expense.
3. Her attorney, if she has one, should be telling her she has no case or claim.
4. My wife and I are 100% free and clear on this.
5. It is very likely the civil court will either throw it out or not even accept it as it could be considered by them as frivolous.
6. My wife and I have no liability or responsibility.
7. We are not to worry about this until and/or unless we hear from her again, or her attorney.
8. If we are contacted by her or her attorney we are to refer them to our agent.

There you have it. I've nothing to worry about.

Last edited by Square & Compas; 06-26-09 at 12:23 PM.
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Old 06-26-09, 12:22 PM
  #58  
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Originally Posted by lauren View Post
She is probably making $40k a year! It was only a big expense because she was stupid and went to the dealer. Anyone with half a brain knows you don't go to the dealer for non-warranty work! I have no sympathy for stupid people that lie, and she is both.

PS: If the neighbor's rental area is against city codes I'd tell him to make her STFU or you'll report him to the city.
You're railing against what basically amounts to a strawman. You have assumed that this girl's personality fits in with your conception of whiny people and then attacked her. Too bad you know nothing about her.

Whether she makes $40k a year or not, I would feel partially responsible for the damages to her car. After all, I let my tree grow over a driveway. There's a little bit of a "duh" factor in there: storms often cause tree branches to fall. So I would feel obliged to take responsibility for my laziness or procrastination or negligence.
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Old 06-26-09, 12:23 PM
  #59  
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Originally Posted by Square & Compas View Post
I just talked to my insurance agent. Here is what he told me;
1. No attorney will take the case, unless she is dumb enough to pay a retainer in advance.
2. If it does got to court State Farm will represent and defend my wife and I, we have no need to consult our own attorney at our expense.
3. Her attorney, if she has one, should be telling her she has no case or claim.
4. My wife and I are 100% free and clear on this.
5. It is very likely the civil court will either throw it out or not even accept it as it could be considered by them as frivolous.
6. My wife and I have no liability or responsibility.
7. We are not to worry about this until and/or unless we hear form her again, or her attorney.

There you have it. I've nothing to worry about.
and you don't see the conflict of interest in accepting that as the truth?
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Old 06-26-09, 12:27 PM
  #60  
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Originally Posted by ModoVincere View Post
and you don't see the conflict of interest in accepting that as the truth?
The blind leading the blind, huh?
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Old 06-26-09, 12:27 PM
  #61  
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Originally Posted by ModoVincere View Post
and you don't see the conflict of interest in accepting that as the truth?

What conflict of interest? My State Farm agent is representing my best interests. I have no reason to doubt this. I trust him and State Farm. We have been clients of theirs for about 18 years now and they have NEVER steered us wrong.
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Old 06-26-09, 12:27 PM
  #62  
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Originally Posted by Square & Compas View Post
What conflict of interest? My State Farm agent is representing my best interests. I have no reason to doubt this. I trust him and State Farm. We have been clients of theirs for about 18 years now.
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Old 06-26-09, 12:29 PM
  #63  
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Originally Posted by ModoVincere View Post
Please no whisteling emoticons, WTF do you mean by conflict of interest?
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Old 06-26-09, 12:33 PM
  #64  
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ummm....insurance company is going to be loyal to insurance company. The insurance company's interest are not necessarily the same as yours. You are taking legal advice from an insurance company. I personally would not do that. You are free to proceed however you wish though.
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Old 06-26-09, 12:34 PM
  #65  
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For those of you who think I am responsible/liable and should pay for the damages, are you home owners yourself? You are putting yourself in her shoes and thinking of how you'd feel. Try and think about this from my stand point as the home owner, who legally, is not in any way shape or form responsible or liable. What we are talking about here is legal responsibility. That is soley what I am focused on. I think a lot of you are involving and allowing personal feelings and attitudes to cloud your judgement if it were you who owned the car. In this case I have removed myself from personal feelings, morals and ethics in this and only focused on the legal responsibility and liability. Right now that is all I care about, the legal aspect of this. I have been assured this is not even a gray area, it is black and white.
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Old 06-26-09, 12:37 PM
  #66  
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yes, I am a homeowner. In my state, if the tree is on your property, you are liable for damages. It is your responsibility to maintain said tree in a safe manner. Your state very well may be different, but you are trusting the insurance company to tell you this rather than spending $50 - $100 to meet with a lawyer and insure your butt is in the clear or find out otherwise.
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Old 06-26-09, 12:43 PM
  #67  
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Dude, you are liable. Just so you know, I'm the best lawyer in the world. You wanna know how I know? Tom Cruise told me I was so you know it's true.

Also, is the student hot? If she is, PM me with her information.

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Old 06-26-09, 01:06 PM
  #68  
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at least you never talked to a lawyer. hopefully we'll get to 18 pages of guessing and anecdotal evidence.
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Old 06-26-09, 01:14 PM
  #69  
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Why force your non belief on us with the wording of the law?
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Old 06-26-09, 01:28 PM
  #70  
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Originally Posted by lauren View Post
There is undeniable proof in the facts that she is a stupid *****:
Parks under a tree without having comp. insurance. I never park under trees and I have comp! Don't want bird poo ruining the paint.
Goes to a DEALER for repairs. Who does that unless it's an exotic?!
Makes idle threats in order to illegally extract money from the neighbors for her own negligence.
Tries to play the poor student card when she is a resident. This alone would get you a notice to never set foot on my property again.

I've had my first car for a grand total of 6 months and obviously know a hell of a lot more about them than she does. You do not find this disturbing? I am far from a car enthusiast, in fact I dislike my car but keep it because it's cheap and I haven't figured out how to put a cat carrier on the motorcycle.
I don't know why she did any of that. I don't think any of it is undeniable proof of stupidity in any case. I do think she is partly to blame. To me, though, putting myself in the homeowner's shoes, I would feel partially responsible as well. Letting a tree branch grow over a neighbor's driveway is asking for trouble in the same way that everything she did is.

Originally Posted by Square & Compas View Post
For those of you who think I am responsible/liable and should pay for the damages, are you home owners yourself? You are putting yourself in her shoes and thinking of how you'd feel. Try and think about this from my stand point as the home owner, who legally, is not in any way shape or form responsible or liable. What we are talking about here is legal responsibility. That is soley what I am focused on. I think a lot of you are involving and allowing personal feelings and attitudes to cloud your judgement if it were you who owned the car. In this case I have removed myself from personal feelings, morals and ethics in this and only focused on the legal responsibility and liability. Right now that is all I care about, the legal aspect of this. I have been assured this is not even a gray area, it is black and white.
Yes, I'm putting myself in your shoes. And like many have warned, you may not be so clearly off the hook as your insurance agent has assured you. MV said you were silly for taking their advice to heart and he was right: of course they tell you that you aren't liable. That's their position from here on out. Why say something contrary to that?

The law of negligence is not clear cut. Often people go into court thinking that they aren't responsible only to find out that the jury sees it differently. I would just help her pay for the blasted damage; it was your tree after all.
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Old 06-26-09, 01:44 PM
  #71  
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Originally Posted by thebarerider View Post
MV said you were silly for taking their advice to heart and he was right: of course they tell you that you aren't liable. That's their position from here on out. Why say something contrary to that.
Not true at all. The insurance agent has clearly stated that State Farm will take responsibility for defending against any lawsuit that results - because they would indeed be liable if a court ruled against the homeowner. But the agent also indicated that the lawsuit would be highly unlikely to occur at all and would be even less likely to be successful. Seems like a reasonable assessment.
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Old 06-26-09, 01:45 PM
  #72  
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Okay this is totally off the wall and going backwards but I have one question for S and C.

You were out of town when this happened right? How do you know that your tree broke her window? And if so, was there damage to the body/paint as well? I mean.......it's kinda hard for a tree to aim at the window only, considering this was a branch broken by the storm.

My neighbor got his gf pissed and she went at his car with a metal pipe. Smashed his window. He tried to claim it was a baseball from the kids across the street.

Just sayin'
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Old 06-26-09, 01:47 PM
  #73  
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Originally Posted by Square & Compas View Post
I just talked to my insurance agent. Here is what he told me;
1. No attorney will take the case, unless she is dumb enough to pay a retainer in advance.
2. If it does got to court State Farm will represent and defend my wife and I, we have no need to consult our own attorney at our expense.
3. Her attorney, if she has one, should be telling her she has no case or claim.
4. My wife and I are 100% free and clear on this.
5. It is very likely the civil court will either throw it out or not even accept it as it could be considered by them as frivolous.
6. My wife and I have no liability or responsibility.
7. We are not to worry about this until and/or unless we hear from her again, or her attorney.
8. If we are contacted by her or her attorney we are to refer them to our agent.

There you have it. I've nothing to worry about.
Dude, taking legal advice from an insurance agent is like taking etiquette advise from me.
Talk to an attorney and base your decisions on the best possible information.
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Old 06-26-09, 02:03 PM
  #74  
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Originally Posted by Square & Compas View Post
For those of you who think I am responsible/liable and should pay for the damages, are you home owners yourself? You are putting yourself in her shoes and thinking of how you'd feel. Try and think about this from my stand point as the home owner, who legally, is not in any way shape or form responsible or liable. What we are talking about here is legal responsibility. That is soley what I am focused on. I think a lot of you are involving and allowing personal feelings and attitudes to cloud your judgement if it were you who owned the car. In this case I have removed myself from personal feelings, morals and ethics in this and only focused on the legal responsibility and liability. Right now that is all I care about, the legal aspect of this. I have been assured this is not even a gray area, it is black and white.
Dude, you're both at fault here, really. You for not maintaining the tree in a way that it wasn't going to get damaged in a storm (which is predictable, really) and she for parking under said tree.

DUH!

If you're so into doing the right thing, offer to split the cost with her. Really. Otherwise, HTFU and don't get so defensive on Foo. It's Foo, baby. Grow some!
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Old 06-26-09, 02:28 PM
  #75  
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