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question: homeowners insurance liability claims

Discussion in 'BBS Hangout' started by jo mama, May 6, 2016.

  1. jo mama

    jo mama Contributing Member

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    during the storms (60 mpr winds) in austin last friday night a couple healthy trees in the corner of my yard fell, taking out two sections of fence and landing on top of my neighbors shed. it is a rental property and i have been in contact with the owners.

    called my agent who assured me that my policy covered damage to my neighbors property and that i did not have to worry. i took pictures of the damage and asked if i could send them and he said it was not necessary, which i thought was odd.

    an adjuster called me regarding the damage on my side (couple sections of fence). they said they would send me check for $680 for fence repair and tree removal, but i would need to file a separate claim for liability on my neighbors shed. my agent never told me this. i figured it would all be taken care of at once. did not know i had to file two claims.

    so i filed a separate claim and was again told that my insurance would cover everything on my neighbors side. if it was branches from my tree that overhung onto their property it would not be covered, but since it was the full tree it was covered.

    today a claims adjuster called and told me that my policy does not cover damage to their property b/c it was a healthy tree and act of god (wind).

    my agent has only contacted me once the whole time and i have now spoken with 5 different people. he is there to collect the money, but pretty useless when i actually need him. and i keep getting contradictory information. needless to say, i am pretty pissed and feel like i am getting the run-around here.

    i also have already told my neighbors that my insurance was going to contact them and take care of everything, but now i have to call them and tell them they need to contact their insurance. i feel like a chump b/c i assured them the ball was rolling on getting it taken care of and now i need to tell them that it is their responsibility. im sure they are not going to be happy and i dont blame them...it is an inconvenience for them and i dont think it should be their responsibility.

    what is the point of liability insurance if they dont cover something like this???

    so before i do anything further i was hoping to get some 3rd party opinions on what is going on here. obviously, my agent does not know his own policies, but its also possible the claims adjuster is just trying to weasel out of paying.

    any input from people in the know would be appreciated!
     
    #1 jo mama, May 6, 2016
    Last edited: May 6, 2016
  2. hotballa

    hotballa Contributing Member

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    1 person likes this.
  3. hotballa

    hotballa Contributing Member

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  4. PanchoVilla3504

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    Yeah in this case it would be your neighbors responsibility to file a claim for the shed. When nature is involved (act of god), it is really nobody's fault that the tree fell over. If the tree was rotting or just not in good condition and you failed to keep it in good condition or remove it before it fell, then you would be able to file a claim under your insurance.

    I hope this helped you out, if you have any questions send me a pm.
     
    1 person likes this.
  5. jo mama

    jo mama Contributing Member

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    thanks yall. that confirms what the claims adjuster told me. i just want to make sure whats up before contacting the neighbors. i told them on tuesday that my insurance was covering it. i had given them my neighbors number and they told me they would contact them...not sure if they even did that.

    my agent initially told me it was covered, first claims adjuster says no. i call agent to clarify and he tells me it is indeed covered and different claims adjuster tells me no. i got the ball rolling monday morning and i am only finding this out friday afternoon.

    do i have a s***ty agent or is this par for the course?
     
    #5 jo mama, May 6, 2016
    Last edited: May 6, 2016
  6. Kim

    Kim Contributing Member

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    Agents are salesmen who only have to know the details of coverage when the original test is taken and occasionally on continuing education certifications. That said, I think you got a bad agent because if he was unsure, he could have easily read over the policy in detail or called the claims department to ask for advice. In my agency, I would feel like crap if I told a customer something incorrect. I always double check when I'm unsure.
     
  7. Nook

    Nook Member

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    Jomama I have written the state policies for State Farm and a couple other insurance providers in the past. Both insurance companies need to be involved, they will know who should pay and if there is a question they can arbitrate it.

    Also, agents do not write or interpret insurance policies and are going to be of limited use to you. The actual claim representatives will know better.

    Your neighbor may be upset, but their insurance agent should explain to them why they need to file a claim.
     
  8. codell

    codell Contributing Member

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    That is correct. Your liability coverage is for losses that others incur because of your negligence. You would only be negligent if the tree fell because it was dead and you had declined to have it removed beforehand.

    A healthy tree being blown over by a storm is 100% out of your control.
     
  9. jo mama

    jo mama Contributing Member

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    so i talked to the owner of house next door. my claims adjuster called him and let him know that his insurance was responsible, which owner was not too happy to hear. his agent had already told him that my insurance would take care of it.

    turns out we have the same insurance, which it seems like my claims adjuster would have found out as she was running the report. "oh hey, this house is also covered by our company". at this point what the hell does it matter whose fault it is? either way, the same company is paying.

    after the responses from this thread and the articles posted its clear that his side is liable, but i wasnt going to argue with him about it. i gave owner my # and told him to have his agent call me. ill give them the numbers of my agent and claims adjuster, but beyond that there is not anything more i can really do.

    would it be unreasonable or over-reactionary for me to want to switch insurance? in 8 years i never filed a claim on anything and the one time i need my insurance company to help me they are dropping the ball left and right.
     
  10. CCity Zero

    CCity Zero Member

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    Well, no reason not to shop around, I mean especially if you can find a better deal on top of that (with a good company still). But also if you're not happy with how things were handled then by all means move. I mean it sounds like they handled it poorly on your end, sure the act of God thing is correct for them to not cover for your neighbor but it sucks when you have to be the one back peddling for your insurance company. It also sucks that they couldn't take the few extra mins to realize they're both covered by the same company.

    Unfortunately insurance companies all seem to be the same, but... Obviously they're a requirement. For example, it sounds like they left you out to dry on some of this, just imagine if the situation/damage was worse, will you be okay with them for future issues? I have had the same company for 10 years now and only made 2 claims, so far they've been alright with me, but the damage didn't involve someone else's property (just roof/kid screwing up on using the bathtub (overflowing))... Such a ****ing mess on that one, yes my teenager was safe (the good and most important thing, but my downstairs and garage got ****ed up)....

    Anyway, good luck. I'm in Austin area too and use Hochheim insurance, I've had fast responses and pricing is great on my cars and house. But if I found better deal.... Haha, you better believe I'd leave :) there's no loyalty in that business, unless you're friends with your agent and they're looking out for you.
     
  11. body slam

    body slam Member

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    How do you know the difference between a healthy tree and a unhealthy tree?

    Several years ago I had a huge tree limb fall on my car a work. The tree looked healthy. I went through the whole act of God thing with my work's insurance company. Two years later the same tree was dead and removed.
     
  12. Dubious

    Dubious Contributing Member

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    your lawyer would hire a licensed arborist to write a report on the tree's relative health.
     
  13. codell

    codell Contributing Member

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    You should look for a new agent not necessarily a new insurance company.
     
  14. jo mama

    jo mama Contributing Member

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    so the property owner is adamant that i am responsible and after a month has not filed a claim. he has been arguing w/ my claims adjuster and telling him that i am negligent. says the tree was too tall and the root base was not big enough so i should have known 60 mph winds would knock it down. both assertions are ridiculous. he told my agent that the tree was not healthy, it was splitting and branches were breaking off...these are all 100% lies. his wife also initially told me to "con" the insurance company into buying us a whole new fence (50') even though only 8' worth was taken out. these are not ethical or honest people i am dealing with and now im kind of pissed.

    he told the tenant that he is not replacing the shed so my neighbor is upset with me and wants me to buy him a new shed. he says i am "morally responsible". it sucks b/c they are nice people that i always got along with, but we had a bit of a terse conversation the other day on this matter. he was parroting the same lines that the homeowner said like that the tree was in bad shape and i was negligent. ive got pictures to prove it was healthy so these claims are totally baseless. they are just throwing s*** against the wall in a desperate attempt to make me liable.

    it is a 9'x9' tin shed that's at least 20 years old and rusted out. it is still standing and functioning, but is majorly dented in across the top and on one side. even before the damage, it had a tarp over the top of it held in place by cinder blocks to prevent leaks. it has always been an eyesore and rats live under it and come into my yard. these things new are like $300-$350. insurance will probably only give him like $150 or $200 and even though i am not obligated to do so, i am totally willing to pay the difference for a new shed for the property. however, im not buying the tenant a new shed when the homeowner has not even filed a claim!
     
  15. REEKO_HTOWN

    REEKO_HTOWN I'm Rich Biiiiaaatch!

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    Tell them to go **** themselves and for ****s and giggles clean your gun on the patio deck.
     
  16. HR Dept

    HR Dept Contributing Member

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    Man... The neighbors are renting and don't even own the house? My discussion with them over this issue would've ended the moment I found that out.
     
  17. VooDooPope

    VooDooPope Love > Hate
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    who is this "God" and why is he acting out and destroying sheds and killing healthy trees?
     
  18. jo mama

    jo mama Contributing Member

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    im guessing his deductible is way, way more than the actual cash value of the shed in its current state. like i said, i cant see insurance declaring the value of this piece of crap to be more than $200 (and even that is generous). so he does not want to file a claim b/c there is no point. i can totally see that. but he is being very unreasonable, stubborn and dishonest right now.

    even though i am not obligated to do anything, i dont want any problems. not getting along with your neighbors sucks and if it costs me a couple hundred bucks to keep the peace so be it.

    but what is "fair"? im not paying for a whole new shed and it seems like the owner is not going to want to put up any money. again, even though i dont have to, i would be willing to split the cost of a new similar shed.

    what would yall do in my case? what is a "reasonable" amount to give them? should i ask for them to file a claim, let the insurance company tell them how much it is worth and give them that amount? should i just cut a check for $200-$300 and be done with it?

    even then, he already told the tenant that he was not buying a new shed so if he takes my money and does not replace shed the tenant is still going to be upset with me.
     
  19. jo mama

    jo mama Contributing Member

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    i was thinking the same thing the whole time, but i do like these people and i dont want any problems with them. i tried my best to explain my side of it and leave it at that. mostly i had to just sit there and let him try to tell me it was my fault and im responsible. i told him i was going to talk to my adjuster and figure out what was going on. talked to him today and that is when i found out that the owner has been communicating w/ my adjuster the last couple weeks. as far as i knew, he had filed a claim on his end and the issue was resolved. i wish my insurance company would have let me know about this, but thats par for the course with them.

    i think my neighbor is caught in the middle here and frustrated and i get it, but yeah, i did not appreciate the implication that i was "negligent" and that i am "morally responsible" for replacing the shed.
     
  20. REEKO_HTOWN

    REEKO_HTOWN I'm Rich Biiiiaaatch!

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    Why does the renter give a crap about a shed...that doesn't even belong to him?

    Bizarre
     

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