Upon reviewing my files I have found property decision from the Arbitration Forums, Inc. In part, the document said in the What did the Applicant prove or fail to prove? section, "Applicant failed to prove that the limbs that damaged their property came from the trees owned by the Respondent. Appplicant failed to prove that the Respondent was negligent in maintaining his trees or they showed sign of decay." Under the section What evidence caused you to render this decision and why?, it said, "... Homeowner contends he had previous problems with falling trees of the Respondents and produced a letter he sent to him. This letter was sent more than 2 years before this loss and did not prove any collaborating evidence to suppor the allegations made. ... Respondent replied they were healthy and well maintained. ... hired a tree service to inspect and trim the trees ... photos ... green foliage and appear quite healthy. Respondent provided a weather report the date of this occurrence and gusting winds reached 47 (55) miles per hour."
My questions in preparation for the similar future occurrences are:
1. What can I do to prove that fallen branch branches are from my neighbor's trees? In many cases, I was able to match, visually, broken pieces to the remaining lims on trees, but my statements even accompanied by photos would not be sufficient. What else can I do? Should I contact my neighbor right away if both of us are at home at the moment and try to convince him to acknowledge to that fact? What if he does not cooperate?
2. Isn't it true even a healthy tree can be knocked down easily in unpredictable weather patterns of these days? Also, what if tree expert I hired differ in his opinion and judges the trees are not healthy. Whose opinion would the arbitration forum go by?
3. I don't quite understand what the wind factor proves favorably or unfavorably toward the case. Was the Respondent tried to prove if the wind was stronger, the more possibilities are there that the fallen branches were from further away, not necessarily from his?
Sorry, my questions and comments this time is somewhat lengthy. I will look forward to your thoughtful suggestions and ideas for the future protection of my property, lives of my family members and my insurance.