Damage to my neighbors house

[Swampnuts]

Question for all you homeowners out there. We had a bad windstorm come through the neighborhood last week that caused a ton of wind damage. I had 3 pieces of flashing ripped off my roof, and an 8 foot piece of aluminum roofing taken off my porch. The aluminum sheet was whipped across the street and struck my neighbor's house. It left a foot long piece imbedded in his siding, and it's in the attic gable about 25 feet up. He's been a good sport about it, but am I liable to have his siding repaired? I feel terrible about it, but it was something that was completely out of my control. I don't know if I should offer to pay for it outright, just offer a set amount towards repairs, or just say I'm sorry and leave it at that.

 

Any help is appreciated.

[TDFFFreak]

I'm no lawyer, but it would seem that this is just an act of nature and has nothing to do with you. You can offer to help with the damages as a good neighbor, but it may open up a can of problems.

[DMD]

No way are you liable. If a person stole a flower pot from your porch and then threw it through their window, would that be your fault? It's like blaming you for a flood because the water came to your house first.

[Chavez]

I can't see how you'd necessarily be liable for that (but I'm no lawyer); however, as a good neighbor, you may want to contact your homeowners insurance and see if they'll throw the guy a bone - or not, as they'll probably jack up your rates for filing a claim.

[ChuckB]

I would say no F'n way....That's what he has insurance for.

[SheikYerbuti]

You should offer to pay for his damages if he'll pay to have all the stuff that flew off of your house repaired.

[smithkt]

I would say no F'n way....That's what he has insurance for.

 

Here's the correct answer.

[whomper]

If you feel obligated to do anything I suggest paying the deductable for his claim with his insurance but it certainly wouldnt be neccesary

[Egret]

I'd say it would be a different story if it were something that was unsecured. If you had a trash can blow away, an umbrella from a table, or something like that... you could feel guilty as it might be preventable. This doesn't seem like you could have stopped it.

[Swampnuts]

Thanks guys. I'll go over and talk to him tomorrow, he's a great guy and I don't want there to be any hard feelings.

[Dbaxx]

Home owners---property damage to others, that's what it's for. Liability to others, PD & BI. If your neighbor comes over, slips on the sidewalk who's liable?

[Chavez]

Thanks guys. I'll go over and talk to him tomorrow, he's a great guy and I don't want there to be any hard feelings.

If he's a great guy, he probably realizes that there isn't a whole lot you could've done about it.

[Azazello1313]

i would maybe offer to pay half his deductible.

[SheikYerbuti]

If you feel obligated to do anything I suggest paying the deductable for his claim with his insurance but it certainly wouldnt be neccesary

 

Wait a minute. . .isn't there damage to both of our houses? Why are we paying the deductable for both??

 

S**t happens. . .invite him over for the Week 1 games and dinner, but don't pay for 2 deductables for something that wasn't your fault.

Edited August 26, 2007 by SheikYerbuti

[Yukon Cornelius]

no and pay nuthing ... even if he is a good sport... the dice roll

[Donutrun Jellies]

i would maybe offer to pay half his deductible.

Good answer.

[Savage Beatings]

Just keep in mind that any offer that you make could be used as evidence that you accept the blame for this. If he then decided to become a jerk about it, he would have MORE of a case to make against you. With that in mind, if you trust the guy, then half of his deductible is a very fair solution. If you don't know him very well, then I'd move cautiously.

[Furd]

You have no legal obligation to pay him anything. (Well, I suppose that if your siding or whatnot had been hanging lose and you knew or should have known about it, one could claim that you were negligent in some respect. )

 

If it happened to me and I felt bad about it, I'd offer to pay half his deductible.

 

Your homeowners insurance would likely cover this loss, so, before you do anything you should read your policy.

[TheShiznit]

I am a financial advisor in Illinois and deal with this from time to time. It is an act of God. And as an act of God....your homeowners won't pay squat. He should realize it is an act of God and call his insurance company and file a claim. Again....damage to others property is more for when you actually go to their home and damage their property....like break a coffee table by accident.

 

Also, someone asked about slipping on the sidewalk....funny thing you should ask.

 

If you shoveled the walk....then in some cases you can be liable....but if you have NEVER shoveled the walk or driveway...then it is act of God and not covered by your liability policy....they won't even win in court because you did not alter the snow or ice one bit. At least this is how it works in Illinois. Had a client whose son slipped on ice after an early February brief thaw.....and hurt himself pretty bad. Homeowners policy would only pay whatever she had for medical payments coverage....and no more.....no if she has put salt down....she would have been liable....WEIRD.

[cliaz]

If his neighbor's home owners ins. gets to acting a fool he could reject his claim stating that SNs should have ensure that everything attached to his house/porch was secured property.

 

I mean if Ins. companies can just drop 50,000 people because it cost them money then something like that wouldn't shock me.

[rajncajn]

Question for all you homeowners out there. We had a bad windstorm come through the neighborhood last week that caused a ton of wind damage. I had 3 pieces of flashing ripped off my roof, and an 8 foot piece of aluminum roofing taken off my porch. The aluminum sheet was whipped across the street and struck my neighbor's house. It left a foot long piece imbedded in his siding, and it's in the attic gable about 25 feet up. He's been a good sport about it, but am I liable to have his siding repaired? I feel terrible about it, but it was something that was completely out of my control. I don't know if I should offer to pay for it outright, just offer a set amount towards repairs, or just say I'm sorry and leave it at that.

 

Any help is appreciated.

No you are not at all responsible and should not have to pay anything. His homeowners insurance should cover him & you shouldn't feel guilty at all about it. If you want to be a good neighbor though you may should offer to help with the repairs if he plans on doing it himself.

[KevinL]

I had a similar situation, a trampoline from my yard took to the air and hit the fence around the top of my neighbor's swimming pool. We each contacted our own insurance, mine advised me that I was not liable.

 

Neighbor was a jerk and eventually my insurance company gave him a settlement. He was moving anyways (in fact he was already gone, only wife & kids were still in Ohio) and couldn't sell his home (for other reasons) and needed the cash. He eventually sold back to the developer at a significant loss.

 

My trampoline is now well staked down.

[TheShiznit]

I had a similar situation, a trampoline from my yard took to the air and hit the fence around the top of my neighbor's swimming pool. We each contacted our own insurance, mine advised me that I was not liable.

 

Neighbor was a jerk and eventually my insurance company gave him a settlement. He was moving anyways (in fact he was already gone, only wife & kids were still in Ohio) and couldn't sell his home (for other reasons) and needed the cash. He eventually sold back to the developer at a significant loss.

 

My trampoline is now well staked down.

 

Excellent example. I had another instance where a client had a dead tree that was on their side of the property line but had huge extending branches. I guess termites or something got to it and they called it a dead tree but never had it removed. Eventually some wind too a decent size branch off it throught the neighbors garage. My client was negligent and had to pay for not correcting a condition to his property that could reasonalby effect someone else.....So, there is that advice as well....take all necessary steps to make sure situations are not going to effect others property.

[rajncajn]

Excellent example. I had another instance where a client had a dead tree that was on their side of the property line but had huge extending branches. I guess termites or something got to it and they called it a dead tree but never had it removed. Eventually some wind too a decent size branch off it throught the neighbors garage. My client was negligent and had to pay for not correcting a condition to his property that could reasonalby effect someone else.....So, there is that advice as well....take all necessary steps to make sure situations are not going to effect others property.

In that particular case your client should be negligent because it is his responsibility to remove the dead tree before it can damage another persons property. But in Swamp's case the damage did not occur from his negligence so he should not be responsible. Now if the flashing was already loose & falling off before the storm then I could see the neighbor possibly having a case.

 

I had several peoples houses wash up & slam into my house during a storm damaging most of the front of the house...I'd get laughed out of court if I tried to get them to pay for the repairs.

[Perchoutofwater]

If it were me I'd pay the guy's deductible, unless there was wide spread damage throughout the neighborhood. If your house was the only one flying through the air, then there is something wrong with your house, and it could be reasonably assumed that you could have corrected it. If everyones house was flying through the air then sh!t happens. I'm no lawyer, but that is just the way I see it.