After a storm a few nights ago, the neighbours tree fell onto my house doing damage to the fence and the garage.
The neighbour's renting company says because it was during a storm, it's classified as a natural disaster and therefore we have to pay for the damages ourselves despite the tree being on their property.
Who should have to pay for the damages?
Will do, cheers.
Your insurance company should have to pay the damages. Let them sort out liability.
Yep, I'll call insurance, thanks.
Hey Ryuzaki371, happened to me about a year ago. Neighbour's tree in corner of their block came down taking out fences for all four properties + blocking lane in between. Home insurance is only to cover the property indicated - not neighbouring as well. I think the assumption is that a house is unlikely to crash into a Ferrari car lot while sneezing.
Owner of property with tree was very apologetic & wanted to help but found out (as we did too) everyone had to submit their damage independently, through their own home insurance. You could probably try small claims but I'm guessing you would have to prove homeowners negligence (or the tree's intent). Arbourist's report, letter/correspondence from you to neighbour complaining before event would help.
Yes it is a PITA - but we used it to better know the neighbours (even ones with yappy dog). I bought materials & since had worst damage fixed it myself. Offered to fix one neighbour's (elder) but he ended up helping me for the whole lot & we did a better job because of it. Actually used opportunity to take out young (non-native) tree on boundary as well.
Hey you do have home insurance don't you? If not why the f… not? Self insuring and even under-insuring on an expensive asset like a home is very risky.
Yeah, I've got home insurance, just wanted to see the options though. Thanks for your help. :)
Hi,
Not sure if it varies by state, but here in Qld similar thing happened to us, neighbours were renting, their rental agency contacted owner and between them they sorted out all the repairs, we didn't have to pay or do a thing.
Perhaps they (or the council) knew the tree was a problem before it fell. Unless you have evidence that the tree is dead, or at risk of falling, and have approached the home owner and an expert, it comes under act of god.
Ring your insurance and let them deal with it