While on vacation my mother's neighbor's tree fell on her house. We do not believe he has insurance. What do we do?
His house is in deplorable condition. The city DON has issued citations. When she got home she found he had removed fence post to gain access to her back yard, got on her roof and has been walking on the roof and sawing by hand a large tree from her roof. Inside she has water stains on the ceiling where the roof during a storm last Friday. He was told the leave the property he was tresspassing. Can we send him a certified letter to find out if he has insurance (we doubt it). How do we deal with him without dealing personally with him?
Assuming that your Mother has Homeowners Insurance , contact her company and make a claim. They will assist you in finding out if the neighbor is insured. There is a large data base available in the Insurance industry that they can utilize. The two companies can resolve this for you -- if there are two companies! Should your Mother have the only insurance , her company will be liable. Be certain they consider the damage to the roof - from the tree AND from the efforts to remove it, and also the water damage inside from the leaks .The fence problem is also related.
-Marion W. Cain Law Offices of Marion W. Cain, P.C., 127 Lewis Street, San Antonio, Texas 78212 (210) 226-2161... more
-Marion W. Cain Law Offices of Marion W. Cain, P.C., 127 Lewis Street, San Antonio, Texas 78212 (210) 226-2161 website: www.marioncainlaw.com email: firstname.lastname@example.org. This posting is provided for “information purposes” only and should not be relied upon as "legal advice". Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship.
From the information given, it looks to me like under the Law your neighbor is liable for the roof damage either from the negligence in not properly maintaining or trimming his tree limbs and/or from negligently trimmings the branches likely causing more damage. I deal with this situation all the time and have file some lawsuits to get funds for damages as well. If he has no assets, money or insurance, then all you can do is go to Court and get a Judgment, but the may be able to avoid that in bankruptcy. That is why these lawyers are saying make a claim on your mom's homeowner's insurance, then your Mom's homeowner insurance company will pay and try to get their money back from the neighbor. We can help with that as well..
Finally, if you or your Mom dont want to deal with the neighbor, the quickest solution is to have an Attorney send him a notice of claim demand letter asking him to notify his insurance carrier if any and deal only with the Lawyer. I can do that in a day for a very low flat fee for just the letter.
Contact me and I can get it done ASAP! My email: EK@bizlaw.pro or click on our website link button below for more information on me.
Good Luck and I will try to help for very little fees!