Neighbor Backed into Our Car, Our Tree Fell on Their Shed, What to Do?

Makes me glad that my neighbors don't cry act of god and just fix the damage that their trees do. This is one of those cases where there is a right thing to do, you don't seem to be choosing it.

They don't have to claim your car damage, they only have to fix it just as you don't have to claim the tree damage only fix what it did.

If the tree was healthy, showed no signs of rot, decay, etc, and fell because of a storm, your home insurance company is not going to pay your neighbors. I'd file it on your insurance and let them deny the claim, just to get the neighbors off your back.

The neighbors should take care of the damage to your car. Even if she wasn't listed as a driver, if your car insurance company pays the claim, they will subrogate against her or her insurance, so they will end up paying for it eventually. I also find it hard to believe that she is not on his insurance. Unless she is explicitly excluded, she should be covered as a permissive driver. Most insurance companies are not going to exclude a spouse as they have access to the vehicles.

take PHOTOS of everything... the tree and damage and your car and damages. And DOCUMENT everything and what they say. With the times and dates etc.

They sound like they will lie, about anything, for their benefit.

They are not playing by rules of fairness or what is right or wrong.

So, you have to protect your own, butt.

Don't they have their own insurance to call????
Doesn't sound like it.

They... are making this YOUR problem, not theirs and making YOU responsible for it.
They just don't want to have to pay, and want YOU to pay for everything. Their shed and your damaged car.

Both the car and the tree/shed incidents should be reported to the appropriate insurance companies for reimbursement. His wife cannot drive without liability insurance. They may not have collision on their cars, but that does not pertain to damage that they do to someone else's vehicle.

My dad is an insurance underwriter.

THEY have to file with THEIR insurance for the shed regarding your tree. You are not responsible for damages to their property that your tree caused because it was due to weather. This is a FACT.

You need to file a claim with your insurance company for your car for damages and report her car as the one that caused it. Don't make the mistake of not reporting it. You'll regret it, I promise. And under no circumstances should you let someone that's their friend work on your car.

I live in CT and we got hit pretty hard by the storm where I live. My cherry tree landed in my neighbor's yard and nearly hit one of their cars. Thank goodness it didn't, but we would NOT have been liable for it. We did help clean up though just because it's neighborly and we like these neighbors. But I also took photos of the damage so that they can't claim something later on that didn't happen. My father didn't raise a stupid daughter.

EDIT: Please do NOT give them $100. You are not liable for damage to their shed. They are. They HAVE TO FILE with their insurance company because it's THEIR PROPERTY. Just because it's your tree, that doesn't make you liable. The damage was caused by weather, not by you. Even if their insurance company won't cover the cost to repair or replace the shed, you are not to give them a red penny.

I know what I'm talking about here.

And you MUST report the car incident especially if you know for a fact that it was them whether or not the police were involved in a report and in spite of whatever "agreement" you made with them prior. These neighbors are only looking out for themselves and, in my opinion, not being neighborly or friendly to you at all. You are not obligated to do what's best for them, which is all they're trying to do. Go through insurance the way you're supposed to, and tell them to go through theirs for the shed. Don't hand over a penny to them. You'll regret it.

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I would expect you to repair or replace the shed, I have never heard anything like this. It is your tree and it caused damage. You should have kept it trimmed and off other peoples property. I would have insisted it be trimmed by you or I would have had the tree over my property sheared off. I have had tree damage and no longer have trees that overhand onto buildings or vehicles.

Hitting a car and not reporting it is hit and run. The fact that they offered to repair it is good. I would see if it gets done. If not, call your insurance agent and explain they hit it and offered to take care of the damages and then they didn't get it done in a normal amount of time. Paint colors can sometimes be hard to match so if it truly is the waiting on the right paint to come in then you do want to make sure they get the right one. It may take a bit of time to locate some then get it shipped.

I would also tell him that letting someone drive his car makes it his responsibility to cover any thing they do while in it. They have uninsured motorist on most policy's for this reason.

My sister went through this once. She was driving down a busy 4 lane street in OKC and a lady pulled out of a fire station in front of her. The woman was an illegal and was not on her hubby's insurance. She ran off in the car when my sister called the police. They couldn't do much once the man said he did not give his wife permission to use the vehicle. That she had just taken it, he didn't allow her to drive due to her not having a drivers license. They could not hold him accountable since he said she didn't have permission. My sister's insurance went up a bit but the car got fixed.

My assumption is that if the law in your state says they are responsible for the tree branches that hang into their yard, then their insurance would have to pay. Either way, it does not hurt you to call your insurance company and ask.

His wife would have been covered on his insurance, is in fact. It's not your fault she left the scene. BUT, you don't have to report it that way. You can report the accident and just say that the neighbor agreed to fix it and that you want it on record just in case. They are trying to avoid points on her license and a raise in his insurance premiums.

Oh dear...I do have to say that regardless if what the laws are in your state, there is a right thing for you to do and like Jo said...you are not choosing it.

Sounds like you want to report the car accident just to be spiteful, even though your car is getting fixed, and their shed is not. It is your tree, your HO insurance should cover the damage. If you do not want to get your HO insurance involved than you should pay to repair the shed since your tree damaged it, the same as they are paying to repair the damage to your car.

Presumably, the shed had items stored in it that are now getting rained on/ruined. They are taking care of the car so you should be willing to take care of their damage as well.

**added** if the law says the limbs would be their responsibility, then when you contact your insurance they will tell him the same. The car and you agreement not to turn it in as a favor was your choice but has nothing to do w/ the shed and tree. Since you didn't see who was driving, they can say it was him and not cause a problem regarding his wife not being on the insurance.

If my neighbor's tree lost a branch during a storm and it damaged property on my lot, I would turn it into my insurance. That's the way it works.

There are times when that is not the case, the tree was in poor shape and a branch fell fell due to negligence.

Wonder if their shed wasn't disclosed to the insurance company and therefor it isn't covered.

I am a mediator, so I am biased, but I think this situation would be ideal for a mediation. I would see if there are any pro bono mediation programs in your area. It is a great way to resolve issues in a controlled setting without the constraints of filing a lawsuit. I am on the west coast, so I am not fishing for a job :)

In my past life I was an insurance agent so this is my educated opinion. I haven't read any of the other responses so this may be a repeat.
Your neighbor needs to call his insurance co. period. YOUR insurance co. will not cover damage done to HIS property by a tree that was on your property. You are absolutely right, it was an "act of god" and there is nothing he can do to change that, and your insurance co. is NOT going to pay for his damages, his insurance co. is going to have to pay for it and he is going to have to pay his deductible.

Edit, I just read the other responses: This is not an eye for an eye situation here. Her neighbor did something illegal, against his insurance co. by not listing his wife as a household driver. Hence the reason that he didn't want to report it to his insurance co. Then she did something illegal by "hitting and running" the car. The neighbors are totally in the wrong here and should be making it right by repairing the vehicle. The tree on the other hand was something completely out of "ClairifiedMom's" hands. It was a healthy tree that was damaged by the heavy weight of snow and leaves that caused the tree to fall. There was no negligence on their part. Short of cutting all the trees down in her yard, she could not have prevented what happened. This is why her neighbors should have insurance. "ClairifiedMom" agreed to do him and his wife a favor by not reporting him and his wife to the police and the insurance co. "ClairifiedMom" is by no way in the wrong for refusing to pay for the damage done by a tree that was planted probably 50 years ago, that just so happens to be on her property, that hundreds of pounds of snow fell on.
Best wishes to you and your family!

I would call the insurance company and let THEM deal with the neighbors...and I would give the man a few more days to see if he is honestly going to do something about the damage to your car. If you wait very long you are going to be out of luck with making a report on the "hit and run".

Call your insurance company! They obviously are not credible, honorable people---they are neighbors and hit and run your car??? They weren't planning on telling you----they just got caught. They need to pay for your car and the shed is an act of God. Not your fault. Car accident--their fault 100%

I would call your homeowners insurance and let them tell the neighbor's no. You telling them no is completely different.

As for the car, if it happened in a parking lot on private property, then I don't think its considered a hit and run. I also don't think that the police would become involved.I could be wrong about that. I would call my car insurance company and provide the information of the car that did the damage. The car is required to be insured. The fact that the owner of the car let his uninsured wife drive the car is not your problem. Its his.

I saw a similiar case on people's court (although I rarely watch the show.) The people who owned the tree that hovered over the neighbors yard wasn't responsible. It was the responsibility of the people to take care of their own damages in their yard. There was roof damage caused by the neighbor's tree during a storm. You shouldn't have to pay for the shed and yes, they should pay for the car. They're trying to screw you.

Isnt it their home owners that should be covering their property? I would call your insurance and ask them what to do.
As far as the hit and run, make a report with the police no matter who is taking care of the bill. It might be a little late now, but my neighbor got screwed because he didnt call the cops. The lady who hit him totally changed her story and said it was his fault. She made up a ton of stories. Cover your butt. They seem like they might be the type to retaliate now that their is shed damage. I probably wouldnt let him fix it anymore either.

Depends on the law, if your tree falling on their shed requires payment then - pay. Was their whole shed destroyed or was it just damaged? I think payment to fix the damage should be sufficient.

You did them a favor by not reporting the hit and run. That was nice of you and you did not have to do it. I understand him waiting for paint so I would be a little more patient.

So now you want them to do you a favor by letting you off the hook on your tree falling on their garage? They may, but they don't have to.

They are your neighbors, he is in the autobody business. I wouldnt get impatient, I bet he'll fix your car (my ex was a bodyman, they are usually very good on their word). You have homeowners insurance for a reason, at least call them and ASK if they will buy the neighbor a new shed. How would you feel if the neighbors tree hit YOUR shed or house? Wouldnt you want them to call their insurance company to see if there was some compensation? That's why we all pay out the ear for insurance, to make the OTHER guy happy in most cases.

Try to be people being neighbors rather than opposing football teams.

Does your insurance cover hit and run? Will it raise your rates if you use it? It's not a moving violation, see what your company says about it.
He said his wife isnt on his insurance? That is just lame, since he can say he's the one that accidentally hit the car, and let the two insurance companies figure out how to pay for the damages... unless he already has a bad record.

Anyway, seems to me you guys either dont like each other already OR you just dont know how to maturely figure out the best route to go to get the shed and car fixed. It's not game, it's neighbors trying to solve problems. Get some agreements down in writing, otherwise you will probably find yourself on judge Judy :)... and if you do, well, at least you'll have your agreements in writing.

your tree, your responsibility.

their car accident, their responsibility. If the car is not repaired in a timely manner, send them a certified letter requesting immediate action.

If I understand correctly, the tree limbs that hang onto your neighbor's property are your neighbor's responsibility? That surprises me since the tree belongs to you; however, in your shoes, I would call my insurance company and get guidance from them.
When your neighbors ask for an update from you, you can honestly tell them what the insurance company said. Even if your insurance company pays them, it would probably be just for the damage, not for a whole shed (I assume an insurance appraiser would come to look and see that it's on it's last leg).
I would just leave the whole car incident out of it since one has nothing to do with the other.

Heck of a way to find out you have slime balls for neighbors. Put locks on the windows I would not trust those two ever.

Think twice before calling your HO insurance. I wouldn't file a claim over a shed. You probably won't reach your deductable. Wait and see what they say about the $100 for the shed, if they give you grief, than tell them you are reporting the accident.

If the limbs hang on your property and its your responsibility, which I think is weird by the way, but whatever, then they should call their own insurance. If it's technically their responsibility then why should you have to call your insurance company for limbs that were on their property that hit their shed.

Oh and for the record I do think it's kind of shady that they hit your car, didn't tell you and then asked you not to call your insurance. Yes, if he's in the auto body business, I do kind of get that he'd rather do it himself since he can, but then again he shouldn't be trying to scam a new shed from you.

I would take pictures of everything and document it and if he refuses to call his own insurance or let it go then maybe I'd go ahead and run both things through the insurance as not to create an issue.

Wow. Your insurance has an "act of god" clause???

Ours takes care of any storm damage as a matter of course. I would *seriously* look into new insurance.

But that's beside the point. If in NJ overhanging limbs are your responsibility, you just tell them that's what your insurance told you (which, I assume they would/will). For them to call theirs, since they won't cover what the law says isn't your responsibility.

Same token, our insurance covers ANYONE driving our cars with our permission, whether they're insured or not. They don't have to BE on our insurance, they just have to have our permission (verbal or written) to drive the car. Ditto, it follows us around (I can drive my neighbor's car, and if I get into a wreck... my insurance will cover the accident as primary, and then my neighbor's insurance would be secondary). HOWEVER if there is someone who drives a car regularly and we DON'T add them; major fines. Even if the premium wouldn't have raised with them on it, it will raise as well, under penalty.

I guess you need to put yourself in your neighbors position. If it was your shed that got damaged from your neighbors tree, would you expect him to pay to replace/repair it?

As for the car, I think I would have called the insurance company. I don't know honestly what you should do. It sounds like your neighbor feels that since he is "fixing" the car, that you should fix the shed. What is your heart telling you to do?