if a neighbor is liable for damage to my property, can I sue him even if my insurance company paid for the damages
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
if a neighbor is liable for damage to my property, can I sue him even if my insurance company paid for the damages
Neighbor owns property next to mine, I own my property. He also owns more rental properties in the area. He has maintained the trees on other properties around the area, but not the tree next to my property that I own. A tree fell onto my garage causing a lot of damage. I asked my insurance company to contact the neighbors insurance company, the neighbors insurance said they will not pay. My insurance company sent me a check, but I feel it is not my insurance company’s place to pay. Can I sue the neighbor?
Asked on February 7, 2017 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can sue, but--
1) To win, you'll have to prove that he was at fault in some way--the fact that it was his tree does NOT, without more, make him liable. He is only liable if he was negligent, or unreasonably careless. So if the tree were visibly sick, damaged, dying, dead, etc., so that it posed a heightened risk of falling, but despite that obvious heighted risk, he did nothing, that might make him liable--it is negligent to not address a clear risk. However, if there was no reason to think this tree represented a particular risk--so no reason to take steps to prevent it from falling, like trimming or cutting it down--he did nothing wrong and would not be liable.
(That, by the way, is what insurance is for: for compensation when there is no one to sue, because no one is provably at fault.)
Second, say that $5,000 of damage was done. If you actually cashed/deposited a check from your insurer for, say, $4,000, you could then only sue for $1,000--you can't double recover money, so you may only sue for any amounts not covered or paid by insurance.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.