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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32306
Experience:  Began practicing law in 1992
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Neighbor was having trees removed. One cut but as it was

Customer Question

Neighbor was having trees removed. One cut but as it was falling took another tree with it and landed on our house.... They don't have homeowners and the 'arborist' doesn't have ins. My insurance will not cover it all. Plus we have a 500. ded and two more trees that pose a threat to our home.... :(
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is there a specific question with which I could assist?

Customer: replied 5 months ago.
Do I have a case to be compensated for the cost of over and above my insurance from these people?
Expert:  Dwayne B. replied 5 months ago.

Kind of.

Actually, the law totally ignores what insurance pays when assessing the damages. Unless there is some unique exception, insurance and insurance payments are not allowed to be discussed during trial.

In this case, what you would do is sue for the amount of your damages, whatever they are, and then the insurance company would subrogate against you for their interest. That is usually done by sending your lawyer, or you, a letter stating they have a subrogation interest.

So you recover all of your damages and then you repay the insurance company what they paid on the claim. Usually you can get them to reduce how much they want back to offset the costs and attorney's fees involved in the case. Then you keep whatever is left over after you pay the insurance company their subrogation interest.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 5 months ago.
meh. I knew the subrogation piece and understand how insurance works. I guess I need to sit down and talk to a lawyer. We are talking approx. 4000. short and + the ded which is 500.00 =4500.00... I work from my home and homeschool my children here. My insurance has to be used because they don't carry any; the arborist or the home owner. I am paying for all of this and none of it was my fault.
Expert:  Dwayne B. replied 5 months ago.

I understand. However, the lawyer will likely be able to add some damages on like "reduction in value" because it has been damaged, etc. and often these extra amounts can make you come out better than you were. A creative lawyer will make all the difference.

Expert:  Dwayne B. replied 5 months ago.

Best wishes to you and please don't forget to leave a Positive Rating so I receive credit for my work.

Customer: replied 5 months ago.
thank you. mbl
Expert:  Dwayne B. replied 5 months ago.

You're very welcome!

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