TheShiznit Posted August 27, 2007 Share Posted August 27, 2007 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. Absolutely....I must have forgotten to mention that...good catch. Quote Link to comment Share on other sites More sharing options...
Chavez Posted August 28, 2007 Share Posted August 28, 2007 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. So Soup has a case against H8? Quote Link to comment Share on other sites More sharing options...
smithkt Posted August 28, 2007 Share Posted August 28, 2007 My wife is an insurance adjuster. I ran this scenario by her. Bottom line is, do not offer to pay half or all of the deductible until this guy files a claim with his insurance company and actually knows what the deductible might be. There are different policies and different deductibles may apply for wind related damage. Many policies have hurricane clauses as well which could come into play depending on how high the winds are. You could find the deductible to be quite a bit larger than you think. Let them come to you after this has all been established. I understand the thought process for offering to pay, but it can be a slippery slope putting you on the hook for a lot more than you counted on. Quote Link to comment Share on other sites More sharing options...
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