Question
What is the name of your state? Tennessee
There is a vacant lot next to ours and a DEAD tree fell from this lot onto our boat and damaged the windshield, cracked fiberglass, and some minor seat damage. We contacted the landowner to let them know and give them an opportunity to come look at it. They did not come and when I spoke to them again they said their insurance agent said their insurance would not cover a tree. I am not sure if they knew it was a dead tree. But our agent said that dead tree damage was covered.
We took pictures of the tree on the boat, of the tree to show it was dead, and had a forester come to confirm that it was dead before it fell. We called twice to let them know I was going to cut the tree off boat and they still did not come. After cutting tree off boat we again took pictures of all the damage.
It is a '91 bayliner with a blue book value of between $1100 to $2100. I tried to price a new windshield, but they are not made now. A custom one would cost $2000. I searched on internet for replacement parts, and could not come up with any. I looked into fixing the boat piecemeal without original parts, I am guessing it could be done for $3-400. I was going to fix what I could, then let neighbors know the cost. At one time the lady said she would "take care of it", but the later contacts have been less forthcoming.
We have both hoomeowners and boat insurance. I do not want to use the homeowners, or our boat insurance ($250 deductable), but my wife thinks we should sue them in small claims court. If we do the small claims route, what are steps we should be taking? Should we get quotes, do nothing, fix then sue, . I can't imagine they have insurance without even a structure on the property.
Insurance certainly won't replace with new windshield, they would total boat.
All this aside, I need a windshield before summer or we don't go boating.
sorry for ramble.
Answer
Your own homeowners policy should cover that. The neighbors will not be at fault for a tree falling so it will be a waste to sue...
Answer
Google
tennessee small claims
for tons of info.
Since the tree was dead, you may have a shot. So go ahead and sue.
Answer
Was there a precipitating event that caused the tree to fall or did it fall simply because it was dead?
Answer
Was there a precipitating event that caused the tree to fall or did it fall simply because it was dead?
By "precipitating event", do you mean "an event with precipitation"?
Answer
By "precipitating event", do you mean "an event with precipitation"?
Yep, I hate it when a tree falls alone
Answer
Your own homeowners policy should cover that. The neighbors will not be at fault for a tree falling so it will be a waste to sue...
Nope. The OP's BOAT insurance will cover damage to his boat. Homeowner's insurance will not cover the damage to OPs boat. Then, his BOAT insurance company will determine if the other landowner was responsible for the dead tree falling, and if so, will subrogate for their money back AND the OPs deductible. This is usually a much faster process than small claims court.