Question
What is the name of your state? Colorado
My mom had an old tree that was blown over onto the neighbor's garage roof. There is slight damage to the roof, and also to their fence. My mom's insurance said the other neighbor's insurance should pay, and of course, the neighbor said my mom's insurance should pay. The neighbor told me, "I don't want to have to take your mom to court over this." It sounded like a potential threat. Please tell me whose insurance is responsible, and by what measure of the law, if possible. Thank you in advance for your replies!
Answer
What the tree alive? Or was it diseased and dying? If not and the tree fell from wind, usually whatever the tree fell on (auto or building) must file the claim. If the tree was diseased or dying, then your Mother would be responsilble. Usually what happens is the homeowner of the building files the claim and if that insurance investigates and finds the tree diseased then that company will sue your Mother's insurance to be reinbursed.
Answer
Kiki: The issue here is was the damage caused by an "Act of God", or by negligence.
Normally, a tree falling during a wind or ice storm and causing damage, even to a neighbor is an "Act of God" and the damaged parties insurance would cover it. However, if the owner of the tree knew, or should have known, that the tree (or limb) was diseased, dead or damaged such as to be a hazard, then the owner could have been negligent in not removing the known hazard.
So, the question becomes... was this an "Act of God", or could she have been negiligent?? The answer to that question, determines the liable party.