As a homeowner, you are responsible for maintaining your home to ensure that it is safe for those around you. Poorly maintained trees are often a large cause of damages to homes and cars. If your neighbor is aware that the tree is rotting or neglects to ensure the tree's health, then they will be held liable for any damages to the surrounding property. However, it can often be difficult to get compensation for this kind of damage because your neighbor will most likely not admit fault. As a result, there are three tips you can use to ensure that you are paid for any damages to your property.
Call Your Neighbor's Homeowner's Insurance
In the event that there is property damage, your neighbor will have to file a claim with their homeowner's insurance. The claim will indicate who is at fault for the damage and the reason for the damages. Your neighbor's insurance company will be responsible for your payout, therefore, you want to want to ensure that your neighbor has spoken with their insurance company and has filed a claim. They will conduct an investigation and will decide if they will compensate you for the damages or not.
Take Your Neighbor to Court for Negligence
If your neighbor failed to properly maintain their property, then you can take them to court for negligence. Your neighbor will most likely be represented by their insurance company if you decide to sue them. Therefore, you should hire a residential real estate lawyer to represent you. In order to have a chance of winning the case, you will have to prove that the tree was in poor condition before it damaged your property. In addition, you will have to prove that the condition of the tree was visible and that your neighbor should have been aware of this condition.
Collect Evidence That Shows the Tree's Condition
Whether you decide to sue your neighbor or reach a settlement, how much you are awarded will hinge on how well you can prove that the damage was your neighbor's fault. The easiest way to do this is by getting a qualified tree expert to document the condition of the tree. If they confirm that the tree was rotting, then this is evidence that you can use to strengthen your case. In addition, you should take pictures of the tree to showcase the condition of the tree.
Getting a tree damage settlement from your neighbor can be difficult to do. Therefore, use these tips to ensure that you are compensated for any damage caused by the tree.