Question: Can I file a settlement for damage for an
"act of nature" event? : During a windstorm, the neighbour's
trampoline blew into my home damaging the gutters and porch. His insurance
claims he is not liable. The neighbour had the trampoline secured but not
properly enough to avoid this. Though the trampoline may have been anchored, I
believe it still incumbent upon the owner to be certain that this "act of
nature" could not have caused this damage. In addition, I know just
because an insurance company denies settlement does not exonerate the neighbour
of liability. I am considering filing this in small claims. Do you feel the
neighbour is neglectful and that I should be awarded the settlement for damages
to my home?
Answer: Sue your neighbor in small claims court but I suggest you tell your neighbor a lawyer advised you that was the only way to get your neighbors insurance company to act. Your neighbor is going to think his rates will go up but even if that were true, he should go to an insurance BROKER who sells for many companies and he will probably thank you for saving him premium. Also might go the other way. Hillbilly style feud. Is it worth a feud?
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