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By (user no longer on site) OP
over a year ago
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Got home to find that the tree in my front garden has been blown over in the gale force winds and is now leaning against my neighbours house!! My insurance company says its up to him to claim off his insurance company and his insurance company says its up to me to claim off mine!!!
Bloody ell no wonder insurance claiming is such a waste of time with this pass the buck attitude!  |
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By (user no longer on site) OP
over a year ago
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"would have thought it was the responsibility of who eva owns the tree ie the council or landlord or home owner .. best of luck with it  "
It is my house ie I pay a mortgage as my neighbour does, the fire brigade won't touch it as its not council property?? So it is up to my insurance company or my neighbours to pay up, each are passing the buck though  |
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By (user no longer on site) OP
over a year ago
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"Use the lagal assistance on your policy to claim from their policy."
That is what I am trying to do but neither company will accept responsibility to pay and therefore send an assessor so that I can arrange for the tree surgeon to come out, been on the phone 3 times now to mine, still claiming its up to my neighbour to claim off his insurance company, act of god is not my fault mine said |
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By (user no longer on site) OP
over a year ago
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"If the tree had hit your neighbors property then it's up to their insurance company surely? "
Nope, not according to them, I have to claim to remove the tree, then they can assess the damage, ffs |
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personally if its your tree that has caused an issue i would have thought it was up to your insurance to take responsibility and fix any damage it has caused .. good luck .. sounds like a wee bit of a nightmare your having ! |
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As far as my experience of insurance claims, it's the insurance of the person with the damage that should be claimed on.
My upstairs neighbour flooded my kitchen due to a burst pipe in theirs.
They had to claim their buildings insurance for access to the burst pipe, but I had to claim on my contents insurance for the stuff that was damaged in my house. |
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"Just noticed the "act of god" part.
You'll probably find that neither insurance policy will cover this. Most have force majeure exclusion."
Unless negligence could be proved because it hadn't been pruned and was top heavy and therefore unsafe blah blah blah. Whoever had the damage needs to claim on their insurance. You didn't cause the damage. They make the claim and claim against you.
There again, I might be barking up the wrong tree. |
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By (user no longer on site)
over a year ago
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Most insurance policies cover tree damage! Might be worth you and your neighbough checking our your paper work. But as its their property that is damaged they would have to claim on their insurance |
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By (user no longer on site)
over a year ago
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If it's a large tree not many tree surgeons would touch it in this weather, not safe to be playing with a chainsaw with a precarious tree in high wind!
Damage to their house will be covered by their insurance not yours, disposal of the tree will be your problem and is probably uninsured. |
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By *oxy_minxWoman
over a year ago
Scotland - Aberdeen |
I've been out of the insurance business for years now, but this could also be classed as storm damage, if damage has been caused to your neighbours property, I would say it was up to your neighbour to claim, and then the insurance companies fight it between themselves and probably settle 50/50, I may be wrong of course.... |
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By (user no longer on site)
over a year ago
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"Got home to find that the tree in my front garden has been blown over in the gale force winds and is now leaning against my neighbours house!! My insurance company says its up to him to claim off his insurance company and his insurance company says its up to me to claim off mine!!!
Bloody ell no wonder insurance claiming is such a waste of time with this pass the buck attitude! "
Your garden, your tree! your tree caused damage to neighbours property i would have thought your insurance company would have had to deal with it all??? May be wrong tho just my opinion
Good luck with it all
Billy |
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By (user no longer on site)
over a year ago
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Your neighbour should claim off his insurance... They will claim from your insurance... Two sets of lawyers should sort it out....NOT two neighbours.... |
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I would have thought that your neighbour claims on their own insurance, who in turn claim against yours? You policy will have some personal liability type cover so that any claims arising from anything in your property will be covered.
Compare it to cars, someone hits you, you contact your insurance company who claim against the other party - the same should apply here.I would definitely say its the neighbour who needs to make the claim. If all else fails, and nobody does anything, the council will have to remove it because it is unsafe - although they will probably send your insurance co a huge invoice. |
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By (user no longer on site) OP
over a year ago
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"Just noticed the "act of god" part.
You'll probably find that neither insurance policy will cover this. Most have force majeure exclusion."
The act of god means that its not deemed my fault therefore the claim needs to be made by my neighbour |
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By (user no longer on site)
over a year ago
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"Got home to find that the tree in my front garden has been blown over in the gale force winds and is now leaning against my neighbours house!! My insurance company says its up to him to claim off his insurance company and his insurance company says its up to me to claim off mine!!!
Bloody ell no wonder insurance claiming is such a waste of time with this pass the buck attitude! "
The householder who has suffered the loss or damage must make a claim as you (presumably) have suffered no loss save for the loss of a tree? The insurers of the adjoining property will subrogate the claim to your insurers assuming you have a nominal household (buildings) policy? |
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By (user no longer on site)
over a year ago
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"Just noticed the "act of god" part.
You'll probably find that neither insurance policy will cover this. Most have force majeure exclusion.
The act of god means that its not deemed my fault therefore the claim needs to be made by my neighbour"
The loss of a tree is storm damage and not an act of god or a force Majure event. |
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By (user no longer on site)
over a year ago
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"I've been out of the insurance business for years now, but this could also be classed as storm damage, if damage has been caused to your neighbours property, I would say it was up to your neighbour to claim, and then the insurance companies fight it between themselves and probably settle 50/50, I may be wrong of course...."
Yes you are incorrect
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I've had something similar when the ridge tiles came off my roof in a storm and landed slap bang all over the next door neighbours car!! My insurance company said it was caused by 'an act of god' therefore I couldn't be held responsible for it and the neighbour had to claim on his own insurance!! I felt bad but did at least offer to pay his insurance excess!! |
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By *oxy_minxWoman
over a year ago
Scotland - Aberdeen |
"I've been out of the insurance business for years now, but this could also be classed as storm damage, if damage has been caused to your neighbours property, I would say it was up to your neighbour to claim, and then the insurance companies fight it between themselves and probably settle 50/50, I may be wrong of course....Yes you are incorrect"
I am confused! Where was I wrong? You confirmed the storm damage, you agreed it was the neighbour to claim and the companies to sort it between them selves...So where did I go wrong?
Confused.com! lol |
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By (user no longer on site)
over a year ago
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"I've had something similar when the ridge tiles came off my roof in a storm and landed slap bang all over the next door neighbours car!! My insurance company said it was caused by 'an act of god' therefore I couldn't be held responsible for it and the neighbour had to claim on his own insurance!! I felt bad but did at least offer to pay his insurance excess!!"
Storm Damage is an insured peril.........they lied!
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By (user no longer on site) OP
over a year ago
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"Got home to find that the tree in my front garden has been blown over in the gale force winds and is now leaning against my neighbours house!! My insurance company says its up to him to claim off his insurance company and his insurance company says its up to me to claim off mine!!!
Bloody ell no wonder insurance claiming is such a waste of time with this pass the buck attitude! The householder who has suffered the loss or damage must make a claim as you (presumably) have suffered no loss save for the loss of a tree? The insurers of the adjoining property will subrogate the claim to your insurers assuming you have a nominal household (buildings) policy?"
That is where the confusion seems to have arisen; the first man I spoke to at my insurance company said just that, that it is not deemed my fault and that he should make a claim through his insurance company who then send my insurance company the bill, when I rang again, the woman I spoke to said it wasn't true but he should still make the claim not me, all the other stuff the guy told me wasn't true |
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"Just noticed the "act of god" part.
You'll probably find that neither insurance policy will cover this. Most have force majeure exclusion.
The act of god means that its not deemed my fault therefore the claim needs to be made by my neighbour"
If its an act of god try claiming against the church. |
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