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Need help with fire in garage versa neighbors tree/electric company and insurance for both rare car inside to what I am entitled

South Egremont, MA |

To for contents other than car like motel personal expenses and too many to list! I can't stay in my house cause no power and all items such as furnace, freezers, TVS , computer and much more may be fried due to very high serge caused by neighbors tree falling on wires and knocking power out! Don't even know what kind of lawyer is needed to help?

Attorney Answers 2

Posted

Has your claim been denied by the insurance company or do you just feel like they're taking too long? If the claim is denied, you can certainly appeal it. If it's just taking a while (it happened in mid-May), there's not really much you can do. Claims can take 6-8 weeks to get paid.

On a separate note, was the tree otherwise healthy and some heavy winds knocked it over? Or was it a sick, hollow, or infested tree that should have been taken down long ago? Because if it was the latter, you may be able to sue your neighbor for the remaining damages.

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Posted

Tree was dead and this happened with another tree a few years back but didn't cause damage this one did! Again not sure if neighbor or electric company could be at fault because when power went out it was about 1 in the morning and call local FD because smelled something burning! Later found out it was the transformer in furnace! Furnace man needed to go get a part and then the garage burst into flames! Electric company never checked house just expected me a divorced female to know everything was OK just feel very violated! My friends got me a very good contractor for removal of contents of burned garage and to rebuild plus very reliable electrician! The furnace man I use also works together with my contractor! I am set there but my car insurance is trying to hold up the process! They say they need more information! I've given them everything I have! I felt I was putting my neighbors out and after all that has happened needed to go to motel I guess insurance not covering! I need help please advice me do I have any legal recourse against neighbors and their dead trees ( there are more too) or the electric company for not making sure things were really OK before they restored power that ultimately caused the garage fire few hours later???

Steven Kelsey Hemingway

Steven Kelsey Hemingway

Posted

So it's your own car insurance that is the holdup? It is possible that they are waiting to see if your neighbor's homeowner's insurance will cover the damage to the car. Has you neighbor made a claim? If not, you may want to suggest they do. But if that's the case, you should get a local insurance litigator to help you. You can use the "Find a Lawyer" link above to find one in your area.

Posted

It sounds like you are relying on your neighbor's insurance company to pay, and they may very well do so. Make sure to tell them all your damages and incidental costs. To the extent you haven't notified your own home owner's insurance of the damage -- also passing along the information you have about your neighbor's insurance -- you should. That way any available coverage from them isn't denied as a result of your failure to report the claim promptly. And they might also be helpful dealing with your neighbor's insurance company.

If coverage is denied, you may be able to sue your neighbor or your own insurance company...you'd need a litigator. And of course, you can hire a litigator at any point to help you: someone who has handled insurance litigation before might be helpful.

Best of luck.

This post is for informational purposes only. You should not construe it as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of these materials and your receipt of them does not create an attorney-client relationship.

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