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Tree Fell in Neighbors Yard

3,730 Views | 28 Replies | Last: 1 yr ago by Some Junkie Cosmonaut
LaurenJean09
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3:54p, 7/13/23
Hi. I am looking for someone in or near the spring area to help with legal advice and send letter to our neighbors.
During the June 21st storms we had a live oak tree snap and fall in our neighbors yard. Even though we knew we were not liable, we paid to remove the tree and offered to pay for the damage that it caused to their gutters (which was the only thing that the neighbors claimed was damage.) This past week they have messaged us wanting money for their damaged grass, damaged plants and claiming damage to this roof, and wanting money for their time that they had to take off work because of the clean up. They sent us the estimate for the gutters and the roof. We asked to get an estimate from our own people just to make sure that the pricing was reasonable and they refused to let us.
Please send us any recommendations of someone you may know who is able to help us. Thank You!
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Martin Q. Blank
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3:57p, 7/13/23
It sounds like you know you're not responsible so it's really a matter of how much you want to pay for good PR. You could punt the issue to your insurance. "Sorry neighbor, I made a claim with my insurance, but they are not taking responsibility. Maybe ask your insurance and the two can hash it out?"
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CowtownAg06
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4:12p, 7/13/23
AG
I think it's actually on their insurance. Act of God makes guy totally non liable. (I'm not a lawyer). Not saying the right isn't to help out but you don't have to. We had a neighbors try crush our fence a few years ago and they wouldn't even pay for half the fence.
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LaurenJean09
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In reply to CowtownAg06 • 4:14p, 7/13/23
We wanted to do the right thing and help, but now that they are trying to take advantage we are out.
Sorry about your fence! That is terrible!
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TarponChaser
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4:15p, 7/13/23
I could be wrong but I seem to recall reading that unless you were 100% aware of the tree being distressed (ie- dead limbs or dead/dying tree) you're not liable for Acts of God. And it sounds like you've gone way beyond what you're required to do.
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Red Pear Realty
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In reply to LaurenJean09 • 4:21p, 7/13/23
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AG
Yeah I was in (less the paying them for their time part) until I read this:

Quote:
and they refused to let us.

After that, "Sorry, you'll need to sort it out with the insurance company." That is poor form. Lots of folks desperate for money right now, sounds like they think they got a payday coming.
Sponsor Message: We Split Commissions. Full Service Agents in Austin, Bryan-College Station, Dallas-Fort Worth, Houston and San Antonio. Red Pear Realty
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Texaggie7nine
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5:05p, 7/13/23
Just talk to someone at your insurance.
7nine
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aggiedata
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5:41p, 7/13/23
AG
Tell them to talk to your lawyer. Bad neighbors are the worst.
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Ag_07
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7:16p, 7/13/23
AG
Compensation for their time they missed from work?!?!

Yeah...Kindly fck off
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Dill-Ag13
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7:18p, 7/13/23
AG
Tricky for sure with neighbors. I will always happily chip in a bit for minor stuff like this. You already did that, I'd gently tell em to pound sand.
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TulaneAg
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7:20p, 7/13/23
I think a little "we were trying to be kind and neighborly but this legally isn't on us...now that you've uncovered damage beyond what was obvious to us when we talked the other day then I suggest you call your insurance and we call our insurance and we'll each handle our own business" type of conversation is warranted and see if that's agreeable. No one wants to talk anymore...straight to letters and lawyers.

I tend to react much less rude and confrontational and am much more willing to compromise or find an agreeable solution or dollar amount talking face-to-face than I am reading words on a page written by a lawyer that I may or may not understand on the first pass. I don't get it. I've never sued or been sued...maybe I just got lucky in my 52 years on this earth.
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buddybee
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7:36p, 7/13/23
Straight from the Texas Bar Association. Section 3.5 applies to your situation. Tell the neighbor up yours.







https://www.texasbar.com/AM/Template.cfm?Section=Disaster_Resources_for_Attorneys&Template=/CM/ContentDisplay.cfm&ContentID=42602
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buddybee
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7:40p, 7/13/23
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LaurenJean09
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In reply to buddybee • 8:15p, 7/13/23
Thank you! This is incredibly helpful!
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LaurenJean09
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In reply to TulaneAg • 8:17p, 7/13/23
Yes I definitely agree. We have tried to speak with them multiple times but the wife gets very angry and upset and there is a bit of a language barrier.
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AJ02
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8:34p, 7/13/23
AG
We lost a giant oak in the same storm in the Spring area. Everything I've read and heard says that unless you KNEW the tree was at risk of falling because it was diseased/dead.....it's on them to file a claim with their own insurance company for any of the damages.

One tree fell over at the roots (only in our own yard), but a second sustained a very, very large crack vertically in the trunk that wasn't there before. Because we knew it was an issue, we had it taken down before it could fall. Had we known and not done anything....would've been on us to pay for damage to neighbor's property.

I guess if you're feeling really generous...the most I'd EVER offer to pay is money towards their deductible. For a wind or hail event, deductible is 1-2% of the value of the home that it's insured for. No idea how much their home is worth though.

But honestly, you've already done more than I would have.
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Nagler
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In reply to LaurenJean09 • 7:48a, 7/14/23
AG
LaurenJean09 said:
Yes I definitely agree. We have tried to speak with them multiple times but the wife gets very angry and upset and there is a bit of a language barrier.


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BMX Bandit
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7:56a, 7/14/23
tell them kindly you are not liable, sorry you have already done more than needed out of neighborly kindness. if they pursue it further, just turn into your insurance. chances are they won't, but will be jerks forever. they already were, this just revealed it.
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Martin Q. Blank
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In reply to LaurenJean09 • 8:28a, 7/14/23
LaurenJean09 said:
Yes I definitely agree. We have tried to speak with them multiple times but the wife gets very angry and upset and there is a bit of a language barrier.
Asian?
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W
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8:49a, 7/14/23
AG
volunteering to pay for this or that...usually doesn't go well
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Mega Lops
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In reply to LaurenJean09 • 8:55a, 7/14/23
AG
LaurenJean09 said:
wife gets very angry and upset and there is a bit of a language barrier.
yeah, was gonna say this definitely doesn't sound like how suburban white folks handle things.
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LarryElder
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In reply to W • 9:39a, 7/14/23
W said:
volunteering to pay for this or that...usually doesn't go well
this dumb move OP you just opened yourself further
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Project Gemini
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In reply to BMX Bandit • 11:48a, 7/14/23
AG
BMX Bandit said:
tell them kindly you are not liable, sorry you have already done more than needed out of neighborly kindness. if they pursue it further, just turn into your insurance. chances are they won't, but will be jerks forever. they already were, this just revealed it.
This. Then ignore them and if you dont already have cameras on your property, you should because people are petty and will destroy or steal your **** as payback for the perception that you wronged them somehow.
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TulaneAg
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In reply to LaurenJean09 • 2:09p, 7/14/23
good to know and sorry if it sounded like I was Monday morning quarterbacking. it sounds like you guys have your heads on straight and doing a good job trying to navigate a tough situation calmly and rationally.
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TarponChaser
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In reply to LarryElder • 5:52p, 7/14/23
LarryElder said:
W said:
volunteering to pay for this or that...usually doesn't go well
this dumb move OP you just opened yourself further


No it doesn't. Just because they were neighborly doesn't mean they automatically have to do anything else.
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Texaggie7nine
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In reply to TarponChaser • 7:44p, 7/14/23
TarponChaser said:
LarryElder said:
W said:
volunteering to pay for this or that...usually doesn't go well
this dumb move OP you just opened yourself further


No it doesn't. Just because they were neighborly doesn't mean they automatically have to do anything else.


They opened themselves up to the neighbors trying to take advantage, but nothing legally. They didn't sign a contract.
7nine
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ccolley68
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9:12p, 7/16/23
AG
If you've got a home/auto type bundle, probably some liability built into the package, or maybe you have a personal umbrella (highly recommended if not). Either way, do as others have said, tell them to turn it into their insurance, you do the same, and let them Duke it out. That's what you pay them for. Maybe you end up with a claim in your HO policy, but seeing as how your neighbors are acting, punting it to insurance means they have no one to come back to later for unforeseen shot but one of the insurance companies.

I accidentally backed into my neighbors car parked at the end of my drive one morning. Small dent and cracked taillight. I live in Sugar Land, and there was a language barrier, you do the math. So he starts telling me he has a guy and I could just give him $1k call it a day and his guy will take care of it. I wasn't going anywhere near that scenario, for the exact situation your neighbor pulled, his guy would end up finding another $5k in damages they'd be coming back to me for. No thanks. Turned it over to my insurance and let them deal with it.
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Seamaster
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10:01a, 7/17/23
AG
yep - let them file a claim with your insurance and hash it out. If you are legally liable, your insurance would cover your liability. If you aren't liable, then they'll establish that you aren't liable. (sounds like you aren't regardless).

Bad neighbors are the worst. Creepy..."Reimburse my time off work." Ridiculous.
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Some Junkie Cosmonaut
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In reply to LaurenJean09 • 2:48p, 7/17/23
AG
LaurenJean09 said:
This past week they have messaged us wanting money for their damaged grass, damaged plants and claiming damage to this roof, and wanting money for their time that they had to take off work because of the clean up. They sent us the estimate for the gutters and the roof.


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