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Q. Is there any reason why you did not put in a claim through your own homeowner's insurance policy ? (Since your insurance company has a right to subrogation and so it can collect from your neighbor whatever it pays out to you)
Management company next door has been adamant not to pay any cost from the tree fall and I already claimed the first damage in Nov from my homeowner's insurance which will increase the premium further with another claim.
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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Thank you for your confirmation. I already filed a small claim and first hearing was held earlier this month and next hearing is scheduled in July.
Your review of my original message and response is appreciated on "cost of review by the tree expert and my lawyer if it is better to be retained can be included in my claim or recovered if I win" Also, your thought is appreciated on my lawyer i.e. if it is to be retained as I am not familiar with court system and defendant was with their lawyer at the hearing.
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Please let me know what more information is required for your response to my question. Best regards,
A party's Attorneys' fees and costs for an expert and other fees and costs the party incurs in bringing his case to Court should be made part of the lawsuit and the Judge should be asked to award these fees. In Small Claims Court it is up to the Judge's discretion. You should make those Fees and costs part of your case. The Judges award Attorneys fees and costs on a case by case basis. So, it would be impossible for anyone to guarantee what the Judge will do and if he will award all the fees and costs you request. Please be kind enough to rate my service to you so that I can receive credit for researching your question and giving you Answers, otherwise I will not receive credit or payment for assisting you. Thank you for understanding,
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