Lightning hit a neigbor's tree and huge limbs fell on my house. Who is responsible to pay to remove it? TEXAS
Question:I live in Houston and I had to pay 950.00 to have all these limbs taken off my house and hauled away. Then, over a year later another one of his trees, a DEAD one, broke a piece off and it demolished my 2 yr. old metal and vinyl storage shed, and a weed eater and the floor in there is getting rained on. Structurally, just replacing the roof wouldn't work because the pieces will no longer fit. I am going to take him to small claims court and wonder if anyone can give me advice? I had no insurance and he won't tell me who he has his through.
Answers:
I don't think that your neighbor's insurance would cover your house damage anyway, but if you had insurance yourself that would have saved you a lot of money. Because lightning hit the tree I'm not sure it was his responsibility to remove the limbs from your house.
I think you have the right to make sure his tree's don't overhand in your yard. You can ask him to keep them trimmed back, but other than that I'm not sure you have a case.
I'm not a lawyer or an insurance agent so please carry on with your case and maybe you will get something out of it.
If oyu had insurance, it should have paid for it.Take him to court either way. He damaged your property, intentionally or not. Your gonna need to see if you have pic of it before it was messed up.. If not, get a video camera. If the door is messed up, show it. Take pitcures of the shed. Show proof of what you've paid for (cost of the shed, weed eater, flooring) I'm r ally sorry your going through this but I doesn't sound like your respoinsible if it was his tree. All I can say is I wish you the best & good luck.
I live in Houston also. If the tree is in his yard, then it's his responsibility if it does damage. His insurance will pay or the court will order him to pay damages. By the way, how do you not have homeowners insurance in Texas?
Most all insurance companies here in Texas will call the lightning strike ..."an act of God" and probably does`nt cover them.
You Might however, have a case with the dead tree `tho.
You`ll just have to ask a lawyer to make for sure.
Most have free consultations and you only get charged if they take the case.
You ARE aware that you own any limbs that hangover on your side of the property line....?
You may find something of value here:
www.texaslaw.org
Good Luck with it!
RT
Your neighbor is responsible for the damage his trees has cost you! He is responsible for keeping them trimmed and healthy. The small claims court will most likely rule for you to be reimbursed. However, I would get Homeowners Insurance on my property, just in case someone gets hurt on your property, or you sustain property damage from bad weather.
I'll keep it simple:
Lightning strike is an act of God, and you are on your own for the cleanup. (of course, had you any insurance, they'd have taken care of it).
Dead tree: You have a case IF(and it's a big IF) you can prove that he knew or should have known that the tree was dead.
hi check this link its good
http://insurancess.notlong.com
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