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Question DetailsAsked on 6/10/2016

My nieghbors roof blew off n took mine with it how can i get her ins info n who did the work she is not cooperating

My neighbors roof did damage to to mine for the second time she wont disclose any info how can i find out who to contact to fix the damages she offered me1,000 dollars n i refused the awning alone would be 1000 the first time it happened she got a settlement from insurance comp but hired family 2 do wrk no permits or license n i paid for my damage bcause shes elderly n ins company was giving her a hard time this time its worse n i cant afford another loss she wont answer my calls or talk to us

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Generally, damage from flying debris is NOT the responsibility of the owner whose property the debris came from - UNLESS they were negligent in the care of the item that flew and could forsee that it might fly in a normal wind - and generally not liable even then if a "catastrophic event" - officially rated hurricane or tornado or tornado-strength downburst or such.


Therefore, trees and tree debris falling or blowing from a neighbor's yard are generally NOT the tree owner's responsibility - that is considered an "Act of God" and YOUR insurance would cover the damage. THEY could be liable if say there was an obviously totally dead tree that was an apparent hazard and it fell into your yard or house, especially if officially addressed to them in the past by a request that they abate the hazard.


Items like lawn furniture, sheds, cars etc would normally not be blown around except in extreme, "Act of God" storm events so again generally they would not be liable in that case for damage to your property or person.


Trampolines and above-ground pool diving boards and empty above ground pools and such are a gray matter - cases have been won for them blowing around because in most cases the owner's manual specifically states that they need to be anchored down against blowing in the wind, so failure to do so can be deemed to be negligence on the owner's part.


A roof (or sections of) blowing off would definitely not be negligence-related except maybe if the owner had built it himself and not used code-required "hurricane clips" - tie downs to hold the roof down in heavy winds. Otherwise, a roof would not be expected to fly off in normal conditions and would be a typical "Act of God" situation where YOUR homeowner's insurance (subject to your deductible) would pay for it.


You could always try filing a claim with her insurance company - though it might take a court order or lawsuit to get the insurance company name if she will not talk to you, and I am 99+% confident they will reject your claim. Likewise, if you file a claim with YOUR insurance they might try to subrogate the loss (get her or her insurance company to pay some or all) but unlikely to win on that - and makes no difference to you in what you get for compensation whether they are successful in that attempt or not.


BTW - if you do get the $1000 from her and then file an insurance claim, you have to report that recovery to the insurance company and they will deduct it from the damages total appraisal - failure to disclose any compensation you receive from other sources related to an insurance claim is insurance fraud - a criminal act, and one that will normally also get your policy cancelled and your name black-listed with the insurance industry - you can end up losing ALL insurance policies (including auto) and not be able to buy insurance again.

Answered 2 years ago by LCD




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