Thank you for your additional information,
I understand what you are saying about your insurance premium. As I stated in my previous Answer, when our homeowner's insurance company pays a claim, they are subrogated to our rights and they go after the person who caused the damage and receive payment from them of all amounts paid to us under our homeowner's policy, so this is another area where our insurance company rips us off. They really are not out of pocket any money because it has been paid back to them by the party who is found to be responsible for the damage. Yet, they still raise our annual premium anyway.
You have a very valid claim against the owner of the adjoining property owner. Each individual is free to have as many trees as they want on their property, but they will have the obligation to pay an injured party for any and all damage that their trees may inflict on adjoining property. This is even more true when the damage is foreseeable by the owner of the trees. Your neighbor saw the damage his tree did to your car and your driveway last November. That alone, should have alerted him to the additional damage the tree could do, if it was left the way Hurricane Sandy left it after the storm. The fact that he did nothing to prevent additional damage shows that he was negligent and makes him liable to you for all costs of repair.
If you do not want to put the claim through your homeowner's policy, then you should sue the management company and the owner of the property which has the tree that caused all the damage. You could sue them in Small Claims Court where you do not need an Attorney and you will not incur any legal fees.
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