Subj : Re: Fence Repair
To   : k9zw
From : paulie420
Date : Sun Aug 21 2022 09:19:13

 k9>  TG> So we had two major storms come through that sent a neighbors tree in
 k9>  TG> our yard and completely destroy my kids play set.  There was no savin
 k9>  TG> it, and no money to replace it.  The kids are pretty bummed out but
 k9>  TG> apparently the neighbors insurance does not provide liability coverag
 k9>  TG> for "acts of god" for us, but does so for getting the remainder of hi
 k9>  TG> tree cut down and any damage to his property fixed.  Of course, if I
 k9> 
 k9> You have had smoke blown up your backside by your neighbor.
 k9> 
 k9> Whatever their tree smushed, the neighbor is responsible for.
 k9> 
 k9> If they have el-cheapo insurance, their liability doesn't go away.
 k9> 
 k9> But they are responsible, plain and simple.

Ding ding ding. I'd hate having to go thru it - but this is exactly what I'd do. I'd put it in writing in an envelope and goto the neighbor. I'd state to them that "Your tree damaged my property when it fell down. These are my damages; x, y, z. You are responsible for the repair." I'd get a professional estimate for the fence repair and I'd find a brand new play-set and use its Amazon ad and price as its 'estimate'. I'd forward both of those, afterward, to the neighbor. Once I gave all the estimates I'd ask the neighbor how they are going to handle it - cash or check? 

You don't have to use your insurance - nothing on your property caused any damage. The neighbor is simply responsible to repair any damage their property caused. If they refuse, I'd go to your local court and file a small claims lawsuit. You could do all of this within a week. A good neighbor will simply pay; it sucks, but its what they have to do. If they don't, a judge will side with you.

:/ Sorry yer dealing with this. Furthermore, I know money is tight but you can even just have the fence repaired - you'll get the money back.



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