can I sue my neighbor for damages if his tree falls on my hottub?
The tree destroyed the cover which cost $500. We were renting the house and did not enjoy insurance. The neighbor said he would take exactness of it. He did by putting on an extension and a new deck on his house. I know his insurance co. compensated him.
Answers:
yes.
Other Answers:
um... if the tree was contained by his yard, close to all of the roots and everything than yes you can, but if even a portion of the roots be in your patio then technically it be a shared tree and you can't sue him.
Yes you can sue.
Source(s):
I asked my wife she studied business law.
You without a doubt can!!
yes. File a claim against his insurance. If you have pictures of the tree and the violate, even better.
The answer is "YES". You need to also report him to his insurance company for fraud.
Always gain the last screech, kick him where on earth it hurts.
THAT SON_OF_A_BIT*H!!!!!!!
a tree in my backyard fell and put a hole through the roof of my neighbors garage. insurance did not cover it as it be deemed an 'act of nature'. as long as in that was no negligence (e.g. the tree be easily and visibly decayed) after you probably won't win any lawsuit.
contact a lawyer, steal pics, or take him to small claims. the freedom of info deed will help you within finding out if he recieved any monies from the accident. yes you can sue.
This is America the most letigious country surrounded by the world.
Heck yeah you can sue.
If the trunk was on his side, afterwards you have an enlarge and shut case to sue him. You should know how to file a claim directly against his insurance company for damages. His homeowner's liability should cover your losses. Also you may try discussion to him directly. It sounds like he defraud his own insurance company. He may be willing to negotiate directly if he feel he can go to penal complex.
there is nil to sue. its a covered loss. if a storm came by and blew down the tree into the homeowners house. its covered. falling objects usually are unless excluded by sanction.
Yes, you can sue your neighbor. You may or may not win depending on the circumstances.
I would stay away from bringing up the issue of the deck and the addition to the house. If he get money from his insurance company that would be a different claim than the one that you are interested in. It is significantly unlikely that his insurance company gave him $500 for your pool cover. The insurance company would want to settlement with you directly. So, your neighbor didn't pocket money that be intended for you.
I would stay away from suggesting that his claim was not legal. You could be sued for slander. If you say you're going to turn him within for fraud then you could be accuse of blackmail. Stick to getting compensated for your pool cover.
There isn't enough information to adjudicate your chance of ahead. It the tree was sound and fell during a sever windstorm your chances aren't adjectives that great.
If the tree was visibly unwell and fell then your probability are better. Some insurance companies pay small claims to avoid litigation. Others deny small claims figure that most people will newly let it dance. If you make a claim, perchance you'll get lucky.
Why no insurance? Or, do you merely have coverage for the house and not contents? If you're renting a house you own exposure for the house, your liability is someone is hurt, loss of rent, and maybe some contents. Are you sure the hot tub isn't covered as an spare structure? If you have coverage on the house afterwards its worth asking about.
If the cover is considered personal property and you enjoy a homeowners policy on the place you currently live or rent then it may be covered lower than that policy. The typical homeowners / renters policy will cover your personal property (check for limitations there are usually some restrictions) regardless of where on earth the property is located.