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If a tree falls, who's to blame?

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by DREW MIKKELSEN / KING 5 News

Posted on November 18, 2009 at 4:06 PM

Updated Wednesday, Nov 18 at 5:42 PM

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KEY PENINSULA, Wash. - Jean Sullivan was crushed when a neighbor's tree destroyed her carport, but dealing with her insurance company has been more difficult.

Sullivan told KING 5 she warned her neighbor about the danger several dead trees posed to her property, but Sullivan's insurance agent told her since the warning was not made in writing, the neighbor could not be held liable for the damages.

"It is very, very frustrating," said Sullivan, who will have to pay a $1,000 deductible to have the tree cleaned up and her carport rebuilt.

Sullivan's neighbor, Cindy Wingard figured she'd be responsible for the repairs.

"I thought it was insanity," said Wingard, who feels guilty about causing the damage.

Sullivan plans on sending her neighbor warning letters about other dead trees on her property. Her neighbor said that won't be necessary.

"They'll be gone before the letters are written," said Wingard.

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jackwong said on November 18, 2009 at 8:06 PM

How about this? We all stop buying goddam insurance? They always a f*cking technicality to not pay up. so F*CK them!

crowlover said on November 18, 2009 at 8:25 PM

According to Eli Mackey of State Farm (whom I talked to about this very same issue just yesterday!) a simple letter from me to my neighbor isn't enough at all. I need to hire an Arborist who then would give me documentation that a neighbor's tree is dangerous to my house/property. I a letter written up for each of next door neighbor's but Eli said Nope. You are not a tree "expert" Also please tell me this...how can an arborist adequately assess a tree without going onto the property where the tree is!? I can't hire someone to trespass (can I ;) .

deniseh1006 said on November 18, 2009 at 9:31 PM

Homeowner's and renter's insurance is one of the biggest legal scams of all time. All they do is take your money but God bforbid you actually have to make a claim. They are nothing but a bunch of crooks. My mother in law owns property and it neighbors a cemetery and the trees are over 40 years old. Branches tend to fall in big windstorms and break the lattice work on top of the fence. She was told by HER insurance company that she needs to take a picture of the damage and submit it, but that she also needs to write a letter. I think it depends on the insurance company as to whether a letter will be considered without a "Tree expert".

justicewatcher said on November 18, 2009 at 10:07 PM

Look at farmerssucks.com and read the Bob Davidson story from the 2006 storms. He lost his home at 70 years old because of Farmers Ins. and an adjuster named Jeff Rasmussen. Look at the lawsuits that were filed and see how many Rasmussen was involved in. There are thousands of theses victims. Remember Ms. Adams? We had a govenor and legislators that sold us out to the insurance companies.

mrdisaster said on November 18, 2009 at 11:06 PM

Wow some posters need to chill. If it is your tree you can't be at fault if you didn't know it was a hazard. The damage is caused by an "act of God". Notice to your neighbors that they have a dangerous tree is difficult but not impossible. The same theory applies to potholes... The responsible Government agency must be put on notice that there is a hazard so they have a change to resolve the problem before it is their fault.

cmeeverett said on November 19, 2009 at 12:57 AM

a letter is required? ---wow, that's a NEW policy i never heard of. I would report the insurance co & sue them as well. This excuse is total bullcrap. Last year king-5 reported that if a dead tree fell in your yard, your neighbor was responsible. If it was a living tree, you are. Now...forward to 2009, all of a sudden things change. Why is that? Why hasn't king-5 reported on that aspect?

jackwong said on November 19, 2009 at 5:53 AM

@mrdisaster: Then is it my responsibility to know I am speeding before I get a speeding ticket? I hope people will just plain stop buying insurance at this point. It's a joke. They only pay out when the economy is good, when it is bad, they weasel out.

kayak said on November 19, 2009 at 6:55 AM

Back when I lived in Georgia, I had a tree fall from my yard into my neighbors roof. That morning when I saw it I contacted my insurance company right away and they paid for her roof to be fixed. I did this even before my neighbor knew she had a tree in her roof. It all went very smoothly. I don't understand why that same thing can't happen here. It's not like we can go over to thier yard and cut the tree down to rectify the problem before it happens. In my case, the tree that fell was alive and well but just couldn't hold up to the ice storm. I can't imagine my neighbor having to pay for something like that

jayemdub said on November 19, 2009 at 8:11 AM

Our neighbors trees are causing serious damage to our garage roof/gutters, the roots are now lifting up OUR driveway, and we deal with broken branches/limbs falling into our yard on a daily basis. There is nothing we can do about it. Most of these trees were planted AFTER we bought our house, so this wasn't damage we could have forseen at the time. Not to mention that the 'jungle' next door to us at this point in time, blocks most of the sun we would like to enjoy some of the time.

saltiel said on November 19, 2009 at 12:07 PM

I live on the Olympic Peninsula, and was just informed by State Farm insurance that neighbors' fallen trees are an act of God and neighbors are not responsible under any conditions. Think twice about State Farm, if you're looking for homeowners' insurance

horribleron said on November 19, 2009 at 1:40 PM

Cut down all of the trees and sell them to the Japanese. We eliminate the tree falling danger and make a little money too. Problem solved.

jackwong said on November 20, 2009 at 12:48 AM

@kayak: Because the insurance companies have us pinned. On their good day, they just use common sense, on their bad days, like now with the economic meltdown... they'll fight tooth and nails to not pay. So at this time, people should learn not to buy it.