Neighbors tree fell on our house...

[jkats]

What is the name of your state (only U.S. law)? CA

Hi. My parents bought a house in northern CA several years ago. The adjacent property is privately owned but zoned rural so there are no houses on it and no one lives there. When we bought the house, we noticed several large trees on the neighbors property that were in very bad shape. Some had already fallen away from our house, and we were worried that one might eventually fall on our house. We looked up the property owner through county records, and mailed several letters via certified mail informing him of the danger the trees posed. He never responded.

Then last month, his tree fell on our house. Our insurance will pay for the cleanup and damages, but we are responsible for a $2000 deductible. I sent another letter to the owner informing him of the situation and asking him to take care of the costs, as well as have his other trees that still pose a danger cut down. He has not responded.

What should be my course of action to get him to take responsibility? I do not have his phone number - only an address (which is actually in another city). I believe he is liable and should be held responsible, since this occurred due to his negligence, but I don't really know how to go about this.

I'd appreciate any advice - thanks!

 

[NC Aggie]

We looked up the property owner through county records, and mailed several letters via certified mail informing him of the danger the trees posed. He never responded.

Up to now, it sounds like you've followed the correct course of action. However, did you receive return receipt showing that the owner signed for letter? I think the onus is on you to prove that you informed the property owner and that the trees were already dead or unhealthy and needed to be removed.

 

[adjusterjack]

we are responsible for a $2000 deductible.

Why do you have a $2000 deductible?

 

[NC Aggie]

Why do you have a $2000 deductible?

Why would that matter?? Actually, $2,000 isn't that uncommon for a deductible for home insurance though I would assume $1,000 is most common.

 

[adjusterjack]

Why would that matter?? Actually, $2,000 isn't that uncommon for a deductible for home insurance though I would assume $1,000 is most common.

It matters if you are in distress over it.

$500 is common. $1000 and $2000 are options and the difference in premium between $500 and the higher deductibles is not worth having to come out of pocket to the tune of $1000 or $2000.

As to why I am asking, let's just say I'm doing a survey because I find that too many people either:
1 - Think they are saving lots of money.
2 - Accepted the agent's recommendation without even knowing the difference in premium or the availability of lower deductibles.
3 - Had no idea what the deductible was until they had a claim.

 

[NC Aggie]

It matters if you are in distress over it.

$500 is common. $1000 and $2000 are options and the difference in premium between $500 and the higher deductibles is not worth having to come out of pocket to the tune of $1000 or $2000.

As to why I am asking, let's just say I'm doing a survey because I find that too many people either:
1 - Think they are saving lots of money.
2 - Accepted the agent's recommendation without even knowing the difference in premium or the availability of lower deductibles.
3 - Had no idea what the deductible was until they had a claim.

This forum is devoted to legal advice, not consumer advice. But since this discussion has turned into a consumer discussion, I think the amount that constitutes the "best" deductible varies from one person (or policy) to another so I don't think you can arbitrarily assume a higher deductible isn't worth it. Naturally, people who want to save on their annual premium and bet against the likelihood of filing a claim may elect to go with a higher deductible. Additionally, $2,000 might be a nominal amount for this consumer and the higher deductible is an easy trade-off for a lower premium, especially when considering that savings amount between $500 and $2,000 deductibles could be as much as 35%.

 

[quincy]

What is the name of your state (only U.S. law)? CA

Hi. My parents bought a house in northern CA several years ago. The adjacent property is privately owned but zoned rural so there are no houses on it and no one lives there. When we bought the house, we noticed several large trees on the neighbors property that were in very bad shape. Some had already fallen away from our house, and we were worried that one might eventually fall on our house. We looked up the property owner through county records, and mailed several letters via certified mail informing him of the danger the trees posed. He never responded.

Then last month, his tree fell on our house. Our insurance will pay for the cleanup and damages, but we are responsible for a $2000 deductible. I sent another letter to the owner informing him of the situation and asking him to take care of the costs, as well as have his other trees that still pose a danger cut down. He has not responded.

What should be my course of action to get him to take responsibility? I do not have his phone number - only an address (which is actually in another city). I believe he is liable and should be held responsible, since this occurred due to his negligence, but I don't really know how to go about this.

I'd appreciate any advice - thanks!

You say your parents noticed the dead trees on the vacant land that neighbors their property when they purchased their home several years ago. Did your parents send a letter to the owners of the neighboring property at that time? Did your parents receive confirmation that the letters they sent recently were received by the owner of the property?

Have your parents ever checked their city/county tree ordinances?

Do you know the type of tree that fell on your parent's house?

 

[jkats]

I appreciate everyone taking the time to respond. To answer a few questions:

"did you receive return receipt showing that the owner signed for letter?"
I did send the letter via certified mail, but I don't have a signed return receipt from the owner.

"Why do you have a $2000 deductible?"
Good question - I guess it seemed reasonable at the time. In hind sight, of course I wish we had done differently - now that I know there is a 100% probability that we would be filing a claim! But that's insurance - it's all a numbers game.

"Did your parents send a letter to the owners of the neighboring property at that time?"
Yes, we sent a letter shortly after buying the house.

"Did your parents receive confirmation that the letters they sent recently were received by the owner of the property?"
I assumed they had, but this question prompted me to check on usps' web site, and apparently it has not yet been delivered because an authorized recipient was not available (I know, I know - never assume anything!). However, I am not holding my breath, based on their past history, and would like to be prepared if they don't respond.

Have your parents ever checked their city/county tree ordinances?
Yes, the city does not have authority over trees that encroach into someone else's property.

Do you know the type of tree that fell on your parent's house?
When we were getting estimates for removal, one person called it a cedar, another called it a cypress - I just know it was big!

 

[quincy]

I appreciate everyone taking the time to respond. To answer a few questions:

"did you receive return receipt showing that the owner signed for letter?"
I did send the letter via certified mail, but I don't have a signed return receipt from the owner.

"Why do you have a $2000 deductible?"
Good question - I guess it seemed reasonable at the time. In hind sight, of course I wish we had done differently - now that I know there is a 100% probability that we would be filing a claim! But that's insurance - it's all a numbers game.

"Did your parents send a letter to the owners of the neighboring property at that time?"
Yes, we sent a letter shortly after buying the house.

"Did your parents receive confirmation that the letters they sent recently were received by the owner of the property?"
I assumed they had, but this question prompted me to check on usps' web site, and apparently it has not yet been delivered because an authorized recipient was not available (I know, I know - never assume anything!). However, I am not holding my breath, based on their past history, and would like to be prepared if they don't respond.

Have your parents ever checked their city/county tree ordinances?
Yes, the city does not have authority over trees that encroach into someone else's property.

Do you know the type of tree that fell on your parent's house?
When we were getting estimates for removal, one person called it a cedar, another called it a cypress - I just know it was big!

You could have a problem if you have no proof that the owners of the property received notification that the tree was a potential hazard. If they were not informed of the condition of the tree (they never received your letters), they could not take steps to have the tree removed. If they were unaware the tree posed a danger to your house, they are unlikely to be found liable for the damage the tree caused to your house.

You also could have a problem if these were protected trees that could not be removed without a special tree removal permit. Some large cypress trees are protected in parts of California.

I suggest you speak with a local legal professional for a personal review. You can look at suing the property owner for recovery of your deductible but it appears you might have some difficulty showing the owner was negligent.