Coping well? No. Coping WET!

[Spiky Bugger]

We had WEATHER!

The rain topped off the pool. All the way to the coping, which is absorbing the excess water. Then the wind starts and makes waves. So the water blows over the coping and onto the deck. Not quite enough for surfing, but we may be headed there.

And “the foothills” are shrouded in fog, but if they were not…they’d appear WHITE instead of their usual brown & green forest-y color.

ps… our car is in for routine maintenance. So as we left to go to my colorectal surgeon appt (always a treat) in a loaner car (often an exciting experience), the National Weather Service blasted us with numerous “Stay home! Don’t go out!” warning texts and phone calls.

I was more than a bit Valium-Deficient.

 

[Larra]

We had weather too! Enough that the wind knocked down a tree from my neighbor's yard behind my house, such that it crashed into my fence and the dog got out. Fortunately, I was able to drive around to the street behind mine and catch him before he made it to the nearby very busy highway.
So, I have a legal question for DianaCox or anyone else qualified to comment: are the neighbors, or their insurance company, legally responsible for the damage to my fence and for the removal of a decent sized tree from on top of my fence and into my yard? My insurance adjustor says they are not. I would have thought they would be. After all, it was their tree, not mine. Anyone care to comment??

 

[hilary1617]

Both, sorry for the [bad] weather! Larra, if I remember correctly back from my actuarial days, your neighbors should file a claim with their insurance company to remediate the damage. Their insurance should cover it, unless the tree was diseased or previously damaged, in which case they will be held accoutable. Glad you were able to bring the dog home safely.

 

[Spiky Bugger]

We had weather too! Enough that the wind knocked down a tree from my neighbor's yard behind my house, such that it crashed into my fence and the dog got out. Fortunately, I was able to drive around to the street behind mine and catch him before he made it to the nearby very busy highway.
So, I have a legal question for DianaCox or anyone else qualified to comment: are the neighbors, or their insurance company, legally responsible for the damage to my fence and for the removal of a decent sized tree from on top of my fence and into my yard? My insurance adjustor says they are not. I would have thought they would be. After all, it was their tree, not mine. Anyone care to comment??

I’m an Anyone Else.

My ABSOLUTELY wild-ass guess is that if it had been leaning because their kids were carving out chunks of the trunk with an ax and y’all had been discussing it (“If that tree falls on my fence and breaks things, I hope you’re well off enough to pay for damages” kind of thing), then maybe…but record-breaking storms might move it into the Force Majeure (aka “act of God”) category and relieve your neighbor of responsibility.

(But I also think that means that if you file a claim with your homeowner’s insurance, they’ll do whatever they do after your deductible, but not go after the neighbor/neighbor’s insurance to pay them back, aka “subrogation.” So here’s another guess…also wild-ass…if your insurance co decides it’s a Force Majeure issue and your neighbor bears no responsibility, the claim may cause YOUR insurance rates to increase, but not the neighbor’s.)

All of this is to PROVE I have no idea what I’m expounding on.

Sincerely,

Perry Mason Law School Drop-Out


ETA: your policy probably doesn’t cover a fence, does it?

 

[JackieOnLine]

I was more than a bit Valium-Deficient.

sorry to hear this! did you get any snow?

My insurance adjustor says they are not.

sure hope that's not right - seems like it should be on their insurance.

 

[JackieOnLine]

we got rain only for the big storm where Portland got more snow than they have had in 80 years, and a local told me the forecast that morning was for "flurries" so they were really unprepared.

as close as 30 miles away they got 8 inches of snow last night and we only had flurries.

yet another good reason to live in this funky little town, we often have less clouds/more sun than on the other side of the Cascades.

 

[Larra]

Spiky Bugger the fence is covered (less my deductable), as is the removal of the tree. The reason the tree is covered is that it was lying on the fence. If it wasn't, the tree removal would not be covered. Well of course the tree was on the fence, that's how the fence got smashed. So the only issue is, whose insurance covers the whole mess, mine or the neighbor's. I have a feeling my "but it was their tree!" argument, while accurate, may not suffice. And since your legal knowledge is from Perry Mason and mine is from Judge Judy, I'm hoping someone better informed will chime in.

 

[Spiky Bugger]

Spiky Bugger the fence is covered (less my deductable), as is the removal of the tree.…. And since your legal knowledge is from Perry Mason and mine is from Judge Judy, I'm hoping someone better informed will chime in.

I think they charge more on weekends.

 

[Spiky Bugger]

Spiky Bugger the fence is covered (less my deductable), as is the removal of the tree. The reason the tree is covered is that it was lying on the fence. If it wasn't, the tree removal would not be covered. Well of course the tree was on the fence, that's how the fence got smashed. So the only issue is, whose insurance covers the whole mess, mine or the neighbor's. I have a feeling my "but it was their tree!" argument, while accurate, may not suffice. And since your legal knowledge is from Perry Mason and mine is from Judge Judy, I'm hoping someone better informed will chime in.

Also, I think a well-known Legal Beagle is prepping to go to a Belated 50-year Reunion, WITH A MISSING FRONT TOOTH. Kinda “ballsy,” as they used to say. They’re gonna think she lives under a freeway overpass bridge.

DianaCox

 

[Larra]

We have a lot of that going on around here, the living under the overpass stuff, I mean. It's very sad, and especially with the cold and very wet weather we continue to have. But I think Diana will need a better, or at least different excuse.

 

[Spiky Bugger]

We have a lot of that going on around here, the living under the overpass stuff, I mean. It's very sad, and especially with the cold and very wet weather we continue to have. But I think Diana will need a better, or at least different excuse.

Here, too. Unfortunately, many by choice. The biggest issue seems to be that the free, temporary, mostly safe units do not allow pets. And many of those living on the street cannot bring themselves to part w/their animals because they would likely be put down. (The animals.)

I can see that for a single adult. I can’t see it if kids or a disabled spouse/parent/partner are involved. But 360° of sad, either way.