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Posted: 10/13/2014 10:34:36 PM EDT
[#1]
lose / lose situation here.
I'd just come right out and ask if he'd be doing anything toward your deductible due to his stuff hitting your house. But once you do that, you better bolt everyting down, because karma kills. |
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Posted: 10/13/2014 10:38:26 PM EDT
[#2]
Quoted:
Am i wrong to think the people should have secured their property better and should at least pay for my deductible. Yeah you are wrong to think they should pay your deductible. |
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Posted: 10/13/2014 11:19:24 PM EDT
[#3]
If I were your neighbor, I'd pay for it. But I ain't, so I can't.
But, seriously. With folks now days, personal responsibility is rare. And it could cause tensions, whether deserved or not. Just the way it is brother. |
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Posted: 10/14/2014 7:11:20 AM EDT
[#4]
Quote HistoryQuoted:
I'd just come right out and ask if he'd be doing anything toward your deductible due to his stuff hitting your house. That's what I would do, and that's what I did when Arlington had that big 70+ mph wind storm around two weeks ago. The neighbor had two trees fall on my fence and bring it diwn with no problems. I kindly asked him to cover the expenses due to the fact that they were his tree, regardless of the fact that it was an act of God. He had no problem fixing my fence. I helped him clear the debris and haul it off because I'm nice like that. 
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Posted: 10/14/2014 10:43:57 AM EDT
[#5]
Quote HistoryQuoted:
If I were your neighbor, I'd pay for it. But I ain't, so I can't. But, seriously. With folks now days, personal responsibility is rare. And it could cause tensions, whether deserved or not. Just the way it is brother. So the guy is responsible for wind now? If the wind ripped off a chunk of roof from your house and hits and damages your neighbors roof, you pay his deductible? This isn't an unsecured load on a truck traveling down the interstate here. The guy has no obligation to pay jack squat. Nothing to do with personal responsibility. If my neighbors house gets hit by lightning, catches on fire, burns his house down and in the process catches my house on fire doesn't mean they owe me anything Do you guys even act of god? USAA adjusters are VERY well versed in these areas Edit to add I think its funny you saying something about personal responsibility. the op clearly stated through his own research and the opinion of USAA that it is his responsibility to pay the deductible. The responsibility that he is now trying to get someone else to pay for because "not fair" lol |
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Posted: 10/14/2014 10:51:40 AM EDT
[#6]
Quoted:
The scenario from the early morning storm (10-13-14 0120 hrs)., my first rodeo with home owners insurance. My neighbors that live behind me had one of those large trampolines, one with the padded sides and even a basketball hoop in it set up in their back yard. Well the winds cause the unsecured, non-anchored trampoline to roll through their fence, through a 24 foot section of my cedar fence, hit my pergola (causing several 2x6x18 and 2x2x18 to be destroyed, make its way up over it causing gutter damage, partially wrap itself around my chimney and coming to rest between two valleys almost at the top of my roof. Contractor from insurance came out and said for sure new back side roof, chimney and of course fence section and pergola rebuild. I did do a little research on the internet and even my insurance claim person (USAA) said that the trampoline owners would not be considered liable as it was an "act of God" wind event. My deductible is $1,000. Am i wrong to think the people should have secured their property better and should at least pay for my deductible. I live in an area that any person would know its windy, fairly flat and the storms are vicious at times. Wise County area. If i am correct in my logic over the deductible, how would any of you phrase it when i recontact them. They are fully aware of the situation of their trampoline causing damage.. Thanks for any opinions. So of the wind was strong enough to rip their roof off and land it on your house you would expect that they "secure" their property better because they live in wise county? I would tell you to pound sand Very few people anchor their belongings in their yard nor are they required to hence act of god |
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Posted: 10/14/2014 12:37:37 PM EDT
[#7]
I take issue with "Act of God" when it comes to trees. I personally think that the owner of the tree should keep it trimmed back and not on top of another person's property. General rule from what I've read, if tree is living (act of God), if dead (owner's responsibility). So many Bradford Pears are around DFW which only have around a 20 lifespan. These trees can be dead on the inside/base but exterior have leaves so I'd love to know how insurance companies treat these. Anybody here know?
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Posted: 10/14/2014 12:45:37 PM EDT
[#8]
Were it me in your position, it would not occur to me that the trampoline owner should pay my deductible.
If your deductible were $5000, would you still expect him to pay? |
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Posted: 10/14/2014 12:45:47 PM EDT
[#9]
Quote HistoryQuoted:
I take issue with "Act of God" when it comes to trees. I personally think that the owner of the tree should keep it trimmed back and not on top of another person's property. General rule from what I've read, if tree is living (act of God), if dead (owner's responsibility). So many Bradford Pears are around DFW which only have around a 20 lifespan. These trees can be dead on the inside/base but exterior have leaves so I'd love to know how insurance companies treat these. Anybody here know? You are correct that the homeowner is responsible for keeping the trees trimmed and removing them if dead. That is considered one of the responsibilities of home ownership. Same as if a storm comes through and a large limb cracks or breaks, but does not fall, once it becomes a known danger, the homeowner is responsible for removing it. Normally, in order for there to be liability for a tree, you would have to know the tree is dead, and put your neighbor on notice that it is dead and that it poses a danger. - that is the best way to establish liability. (and by notice, I mean a paper trail, it also looks good if you have proof that you notified the city to the danger.) It's always possible that when an adjuster comes out and it's obvious that the tree was dead and should have been removed, there could be liability. However, If the tree looks otherwise healthy, then there is no liability if a tree falls due to winds. |
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Posted: 10/14/2014 12:48:56 PM EDT
[#10]
Quote HistoryQuoted:
I take issue with "Act of God" when it comes to trees. I personally think that the owner of the tree should keep it trimmed back and not on top of another person's property. General rule from what I've read, if tree is living (act of God), if dead (owner's responsibility). So many Bradford Pears are around DFW which only have around a 20 lifespan. These trees can be dead on the inside/base but exterior have leaves so I'd love to know how insurance companies treat these. Anybody here know? In my case, which involved two Bradford Pears, the trees were well within the neighbors property. The wind is what took them over to my fence and mostly in my back yard. |
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Posted: 10/14/2014 2:07:45 PM EDT
[#11]
If a tornado rips the roof off your house and drives a 2x4 through his wife's chest, are you liable as the homeowner?
What if they found that you didn't have extra bracing on the roof? |
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Posted: 10/14/2014 2:18:05 PM EDT
[#12]
Quote HistoryQuoted:
If a tornado rips the roof off your house and drives a 2x4 through his wife's chest, are you liable as the homeowner? What if they found that you didn't have extra bracing on the roof? In that case, go after the builder - deeper pockets. 
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Posted: 10/16/2014 2:07:12 PM EDT
[#13]
Quote HistoryQuoted:
So the guy is responsible for wind now? If the wind ripped off a chunk of roof from your house and hits and damages your neighbors roof, you pay his deductible? This isn't an unsecured load on a truck traveling down the interstate here. The guy has no obligation to pay jack squat. Nothing to do with personal responsibility. If my neighbors house gets hit by lightning, catches on fire, burns his house down and in the process catches my house on fire doesn't mean they owe me anything Do you guys even act of god? USAA adjusters are VERY well versed in these areas Edit to add I think its funny you saying something about personal responsibility. the op clearly stated through his own research and the opinion of USAA that it is his responsibility to pay the deductible. The responsibility that he is now trying to get someone else to pay for because "not fair" lol Quote HistoryQuoted:
Quoted:
If I were your neighbor, I'd pay for it. But I ain't, so I can't. But, seriously. With folks now days, personal responsibility is rare. And it could cause tensions, whether deserved or not. Just the way it is brother. So the guy is responsible for wind now? If the wind ripped off a chunk of roof from your house and hits and damages your neighbors roof, you pay his deductible? This isn't an unsecured load on a truck traveling down the interstate here. The guy has no obligation to pay jack squat. Nothing to do with personal responsibility. If my neighbors house gets hit by lightning, catches on fire, burns his house down and in the process catches my house on fire doesn't mean they owe me anything Do you guys even act of god? USAA adjusters are VERY well versed in these areas Edit to add I think its funny you saying something about personal responsibility. the op clearly stated through his own research and the opinion of USAA that it is his responsibility to pay the deductible. The responsibility that he is now trying to get someone else to pay for because "not fair" lol Why so upset? I simply stated that I would feel some sort of responsibility since it was my unsecured trampoline. I didn't say I was right, wrong or indifferent. I don't care what the insurance company says. |
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Posted: 10/21/2014 2:53:10 PM EDT
[#14]
I wouldn't give them the trampoline back. If they say something tell them God wanted you to have it.
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Posted: 10/21/2014 3:18:59 PM EDT
[#15]
Quote HistoryQuoted:
I wouldn't give them the trampoline back. If they say something tell them God wanted you to have it. 
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Posted: 10/21/2014 8:38:56 PM EDT
[#16]
If I were your neighbor I would pay the thousand bucks. His property damaged yours. It's Texas, we know there is wind here so nail your things down securely. Not much polite to say for the guys that would leave you hanging.
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Posted: 10/22/2014 2:30:07 PM EDT
[#17]
Tough call. I would talk to him about it.
I wouldn't expect him to pay personally, but you never know he may throw in a few hundred to help off set cost. |
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Posted: 10/22/2014 2:35:01 PM EDT
[#18]
Quote HistoryQuoted:
Tough call. I would talk to him about it. I wouldn't expect him to pay personally, but you never know he may throw in a few hundred to help off set cost. Agree. |
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Posted: 10/22/2014 10:52:32 PM EDT
[#19]
Quote HistoryQuoted:
Why so upset? I simply stated that I would feel some sort of responsibility since it was my unsecured trampoline. I didn't say I was right, wrong or indifferent. I don't care what the insurance company says. Quote HistoryQuoted:
Quoted:
Quoted:
If I were your neighbor, I'd pay for it. But I ain't, so I can't. But, seriously. With folks now days, personal responsibility is rare. And it could cause tensions, whether deserved or not. Just the way it is brother. So the guy is responsible for wind now? If the wind ripped off a chunk of roof from your house and hits and damages your neighbors roof, you pay his deductible? This isn't an unsecured load on a truck traveling down the interstate here. The guy has no obligation to pay jack squat. Nothing to do with personal responsibility. If my neighbors house gets hit by lightning, catches on fire, burns his house down and in the process catches my house on fire doesn't mean they owe me anything Do you guys even act of god? USAA adjusters are VERY well versed in these areas Edit to add I think its funny you saying something about personal responsibility. the op clearly stated through his own research and the opinion of USAA that it is his responsibility to pay the deductible. The responsibility that he is now trying to get someone else to pay for because "not fair" lol Why so upset? I simply stated that I would feel some sort of responsibility since it was my unsecured trampoline. I didn't say I was right, wrong or indifferent. I don't care what the insurance company says. Upset 
dude this is the interwebs DID YOU NOT SEE MY "LOL"  
I really don't give a shit 
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Posted: 10/23/2014 4:49:33 PM EDT
[#20]
I think you should be held liable for your house destroying his trampoline. Had your house not been in the way, the trampoline might have landed safely.
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Posted: 10/23/2014 10:25:08 PM EDT
[#21]
Quote HistoryQuoted:
Upset
dude this is the interwebs DID YOU NOT SEE MY "LOL"
I really don't give a shit
Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
If I were your neighbor, I'd pay for it. But I ain't, so I can't. But, seriously. With folks now days, personal responsibility is rare. And it could cause tensions, whether deserved or not. Just the way it is brother. So the guy is responsible for wind now? If the wind ripped off a chunk of roof from your house and hits and damages your neighbors roof, you pay his deductible? This isn't an unsecured load on a truck traveling down the interstate here. The guy has no obligation to pay jack squat. Nothing to do with personal responsibility. If my neighbors house gets hit by lightning, catches on fire, burns his house down and in the process catches my house on fire doesn't mean they owe me anything Do you guys even act of god? USAA adjusters are VERY well versed in these areas Edit to add I think its funny you saying something about personal responsibility. the op clearly stated through his own research and the opinion of USAA that it is his responsibility to pay the deductible. The responsibility that he is now trying to get someone else to pay for because "not fair" lol Why so upset? I simply stated that I would feel some sort of responsibility since it was my unsecured trampoline. I didn't say I was right, wrong or indifferent. I don't care what the insurance company says. Upset
dude this is the interwebs DID YOU NOT SEE MY "LOL"
I really don't give a shit
Whatever bro. *lol* |
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Posted: 10/24/2014 6:07:52 AM EDT
[#22]
Quote HistoryQuoted:
Whatever bro. *lol* Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
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If I were your neighbor, I'd pay for it. But I ain't, so I can't. But, seriously. With folks now days, personal responsibility is rare. And it could cause tensions, whether deserved or not. Just the way it is brother. So the guy is responsible for wind now? If the wind ripped off a chunk of roof from your house and hits and damages your neighbors roof, you pay his deductible? This isn't an unsecured load on a truck traveling down the interstate here. The guy has no obligation to pay jack squat. Nothing to do with personal responsibility. If my neighbors house gets hit by lightning, catches on fire, burns his house down and in the process catches my house on fire doesn't mean they owe me anything Do you guys even act of god? USAA adjusters are VERY well versed in these areas Edit to add I think its funny you saying something about personal responsibility. the op clearly stated through his own research and the opinion of USAA that it is his responsibility to pay the deductible. The responsibility that he is now trying to get someone else to pay for because "not fair" lol Why so upset? I simply stated that I would feel some sort of responsibility since it was my unsecured trampoline. I didn't say I was right, wrong or indifferent. I don't care what the insurance company says. Upset
dude this is the interwebs DID YOU NOT SEE MY "LOL"
I really don't give a shit
Whatever bro. *lol* 
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Posted: 10/26/2014 5:57:46 PM EDT
[#23]
my trampoline was staked down for this reason.
some people are stupid, though. if he has anything else like that, suggest that he secure it. |
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Posted: 10/26/2014 7:55:27 PM EDT
[#24]
I would NOT feel as though he's responsible for any portion. That's why we buy insurance - If you were to think he's responsible, then he should have a say so on your deductible too! If that were the situation, he'd have you paying higher premiums... right? What if a small rock pops the windshield on your car. And you call the cops with a license number.... what do you think they'll tell you? " That's what you have insurance for ". |
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Posted: 10/26/2014 8:02:05 PM EDT
[#25]
Quote HistoryQuoted:
I would NOT feel as though he's responsible for any portion. That's why we buy insurance - If you were to think he's responsible, then he should have a say so on your deductible too! If that were the situation, he'd have you paying higher premiums... right? What if a small rock pops the windshield on your car. And you call the cops with a license number.... what do you think they'll tell you? " That's what you have insurance for ". And if that person had an unsecured load and something fell out and damaged the windshield? What then? |
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Posted: 10/26/2014 8:21:46 PM EDT
[#26]
Quote HistoryQuoted:
And if that person had an unsecured load and something fell out and damaged the windshield? What then? Quote HistoryQuoted:
Quoted:
I would NOT feel as though he's responsible for any portion. That's why we buy insurance - If you were to think he's responsible, then he should have a say so on your deductible too! If that were the situation, he'd have you paying higher premiums... right? What if a small rock pops the windshield on your car. And you call the cops with a license number.... what do you think they'll tell you? " That's what you have insurance for ". And if that person had an unsecured load and something fell out and damaged the windshield? What then? He's required by law to secure his load. Any damage do to his " negligence " is on him. |
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Posted: 10/26/2014 8:35:12 PM EDT
[#27]
Quote HistoryQuoted:
He's required by law to secure his load. Any damage do to his " negligence " is on him. Quote HistoryQuoted:
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I would NOT feel as though he's responsible for any portion. That's why we buy insurance - If you were to think he's responsible, then he should have a say so on your deductible too! If that were the situation, he'd have you paying higher premiums... right? What if a small rock pops the windshield on your car. And you call the cops with a license number.... what do you think they'll tell you? " That's what you have insurance for ". And if that person had an unsecured load and something fell out and damaged the windshield? What then? He's required by law to secure his load. Any damage do to his " negligence " is on him. I'd bet he'd win if he small claimed the neighbor on the deductible. A trampoline in high winds would be expected to unass the area and possibly cause damage. Easily flipped and secured to a tree or something similar, especially if a storm is approaching. |
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Posted: 10/26/2014 8:55:06 PM EDT
[#28]
Quote HistoryQuoted:
I'd bet he'd win if he small claimed the neighbor on the deductible. A trampoline in high winds would be expected to unass the area and possibly cause damage. Easily flipped and secured to a tree or something similar, especially if a storm is approaching. Quote HistoryQuoted:
Quoted:
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I would NOT feel as though he's responsible for any portion. That's why we buy insurance - If you were to think he's responsible, then he should have a say so on your deductible too! If that were the situation, he'd have you paying higher premiums... right? What if a small rock pops the windshield on your car. And you call the cops with a license number.... what do you think they'll tell you? " That's what you have insurance for ". And if that person had an unsecured load and something fell out and damaged the windshield? What then? He's required by law to secure his load. Any damage do to his " negligence " is on him. I'd bet he'd win if he small claimed the neighbor on the deductible. A trampoline in high winds would be expected to unass the area and possibly cause damage. Easily flipped and secured to a tree or something similar, especially if a storm is approaching. I suspect not, because if there was legal liability, then his (trampoline owner's) insurance would cover the damage. But we are talking legal liability here. legal and moral are not always the same. |
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Posted: 10/26/2014 9:08:18 PM EDT
[#29]
Quote HistoryQuoted:
I suspect not, because if there was legal liability, then his (trampoline owner's) insurance would cover the damage. But we are talking legal liability here. legal and moral are not always the same. This. There seems to be a few folks in this thread who don't seem to know (or care) about the difference. |
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Posted: 10/26/2014 10:04:23 PM EDT
[#30]
Quoted:
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I suspect not, because if there was legal liability, then his (trampoline owner's) insurance would cover the damage. But we are talking legal liability here. legal and moral are not always the same. This. There seems to be a few folks in this thread who don't seem to know (or care) about the difference. Yep - we were discussing legal responsibility. However if the situation was reversed... What do you think the chances are, that OP would be running over to his neighbors house with 500 bucks? Maybe soldierman will pony up a little cash to make everything " right ". 
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Posted: 10/26/2014 10:06:02 PM EDT
[#31]
Quote HistoryQuoted:
Yep - we were discussing legal responsibility. However if the situation was reversed... What do you think the chances are, that OP would be running over to his neighbors house with 500 bucks? Maybe soldierman will pony up a little cash to make everything " right ".
Quote HistoryQuoted:
Quoted:
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I suspect not, because if there was legal liability, then his (trampoline owner's) insurance would cover the damage. But we are talking legal liability here. legal and moral are not always the same. This. There seems to be a few folks in this thread who don't seem to know (or care) about the difference. Yep - we were discussing legal responsibility. However if the situation was reversed... What do you think the chances are, that OP would be running over to his neighbors house with 500 bucks? Maybe soldierman will pony up a little cash to make everything " right ".
If it were my trampoline that caused the damage, yes, I would. |
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Posted: 10/26/2014 10:13:07 PM EDT
[#32]
Quote HistoryQuoted:
If it were my trampoline that caused the damage, yes, I would. Quote HistoryQuoted:
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Quoted:
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I suspect not, because if there was legal liability, then his (trampoline owner's) insurance would cover the damage. But we are talking legal liability here. legal and moral are not always the same. This. There seems to be a few folks in this thread who don't seem to know (or care) about the difference. Yep - we were discussing legal responsibility. However if the situation was reversed... What do you think the chances are, that OP would be running over to his neighbors house with 500 bucks? Maybe soldierman will pony up a little cash to make everything " right ".
If it were my trampoline that caused the damage, yes, I would. To be honest with you, I would - IF- my neighbor was the same caliber as you ( and me ). Most people aren't. Can you agree to this? |
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Posted: 10/26/2014 10:15:04 PM EDT
[#33]
Quote HistoryQuoted:
If it were my trampoline that caused the damage, yes, I would. Quote HistoryQuoted:
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I suspect not, because if there was legal liability, then his (trampoline owner's) insurance would cover the damage. But we are talking legal liability here. legal and moral are not always the same. This. There seems to be a few folks in this thread who don't seem to know (or care) about the difference. Yep - we were discussing legal responsibility. However if the situation was reversed... What do you think the chances are, that OP would be running over to his neighbors house with 500 bucks? Maybe soldierman will pony up a little cash to make everything " right ".
If it were my trampoline that caused the damage, yes, I would. As a matter of fact, I see people paying for stuff that they are not legally responsible for to their neighbors all the time. Just because they felt like they owed it morally. ETA: sometimes it's because they like their neighbors, sometimes it's just to keep the peace. |
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Posted: 10/26/2014 10:15:08 PM EDT
[#34]
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To be honest with you, I would - IF- my neighbor was the same caliber as you ( and me ). Most people aren't. Can you agree to this? Quote HistoryQuoted:
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I suspect not, because if there was legal liability, then his (trampoline owner's) insurance would cover the damage. But we are talking legal liability here. legal and moral are not always the same. This. There seems to be a few folks in this thread who don't seem to know (or care) about the difference. Yep - we were discussing legal responsibility. However if the situation was reversed... What do you think the chances are, that OP would be running over to his neighbors house with 500 bucks? Maybe soldierman will pony up a little cash to make everything " right ".
If it were my trampoline that caused the damage, yes, I would. To be honest with you, I would - IF- my neighbor was the same caliber as you ( and me ). Most people aren't. Can you agree to this? Absolutely! |
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Posted: 10/26/2014 10:23:44 PM EDT
[#35]
So... I think we've broken this down to letting the guy with the windy tramp - decide on his own - whether he's going to be classified as a dirtbag or not. Either he pops for some or all of the deductible, or is written off as a dirtbag. I bet he won't. |
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Posted: 10/27/2014 8:41:53 AM EDT
[#36]
Quote HistoryQuoted:
So... I think we've broken this down to letting the guy with the windy tramp - decide on his own - whether he's going to be classified as a dirtbag or not. Either he pops for some or all of the deductible, or is written off as a dirtbag. I bet he won't. Dirtbag for not paying for something he is not legally responsible for? Not sure I would go that far. Unfortunately, these days, you really have to think these things out. I am guessing that a lawyer could make a case that once the "trampoline" neighbor pays the other neighbors deductible, he has now accepted responsibility for the damage, and could be made to pay for all the damages. I mean, if the damages are his fault for not securing the trampoline, why should the OP have to make a claim on his insurance? I am not saying the OP would do this to the neighbor, but you never know these days. I have heard neighbors make the argument "why should I have to make a claim at all?". You have heard the saying "No good deed goes unpunished."
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