Can I sue my neighbor or her homeowners insurance company for property damage?
2 attorney answers
If she has a valid Homeowner’s insurance policy in effect, she would probably have liability coverage for this type of claim.
However, just because it’s her tree that fell, that is not sufficient in itself to show fault on her part. It depends on whether the condition, position, age, etc. of the tree should have given rise to a question that it was unreasonably unsafe.
There’s a chance you could prevail on this, in whole or possibly with a compromised settlement with her insurance company, depending on some particular facts. I’d be happy to discuss this matter further with you if you’d like.
You could file a lawsuit, but these are usually tough circumstances to work under because you have to prove your neighbor's negligence caused the damage and natural disasters usually fall under the "Act of God" where it's just something that is caused by an uncontrollable force of nature. The easier and quicker way to get your house fixed would probably be to turn it into your own homeowner's insurance coverage. You can tell them that you made that statement in the past to your neighbor and your insurance company may try to arbitrate against the neighbor's company to get their money back which would include a refund of your deductible if they win.
If your insurance will not cover the damages, then the past statement may be enough to take a shot. I'd recommend at least consulting with a Mississippi attorney first. Usually this type of claim is in the wheelhouse of attorneys who list that they handle property damage, insurance coverage, windstorm, and flood claims.