It's just economics.
If the truck gets pancaked I'm out it's $5,000 value.
If the Lexus gets pancaked I'm out the $500 deductible.

 

Plus you keep the Ford nice and shiny

 

If you can prove negligence on their part for their property damaging your vehicle and not an "act of God" you will win in small claims court. Then you have to actually get them to pay you the money.

The branch that hit doesn't look like its completely dead. You may even have to have someone look at the tree who works in the field and state it is dying and then you have to prove the home owner knew about the tree.

IMO it would be easier to fix it yourself and then ask the homeowner to fix the tree on their dime....If they won't fix it you can report it to the county and have the county force the homeowners hand to remove the dead branches or entire tree.

 

In most places you are allowed to trim any portion of a tree that hangs over your property as long as you do it properly and do not kill the tree. Check with the town hall and start trimming.

 

The tree is really tall they would have to get a bucket truck. If I tried to trim the tree they would be the kind of folks to get pissed off for messing with their tree even though limbs are hanging onto my property.

 

I would cut the whole thing down, and leave it laying across his yard

 

You are in your rights if it is hanging over your property. Let him get pissed if he isn't going to do anything himself.

 

But I shouldn't have to do that. I had a tree that hung over my neighbors back yard, so I knocked on his door and let him know I will be trimming the tree so it would not fall in his yard. Some small branches had fallen and I trimmed the tree and picked up the debris from his yard. Why you ask? because I am responsible for my property, a tree that is in my yard is my property I am responsible for it. If it was my tree well then I would claim it on my ins. but that's not my property. Point being home owner should assume responsibility for own property whether it be trimming the tree or paying for the damages the tree caused.

 

One would think so but, as I mentioned above that's not how it works.
Tree damage is no different than hail damage, it's considered an act of God...
...unless you can prove negligence.

The only reason I can figure USAA gave your wife that advice is she mentioned 'dead branch' and or the 'owner/renter' verbally admitting some responsibility and USAA was relaying a course of action that could save you the Auto coverage deductible.

 

You shouldn't have to but you are in your rights to do so if the owner is not doing anything.
You are the good neighbor. He clearly isn't.

 

Precisely why I think if I state my case in small claims court the judge will see it from my POV, I would hope.

 

I also have a hackberry tree in my back yard that just recently died about the time of this incident. I plan to have it removed ASAP. It is in my yard aprox. 10 feet away from his cabin/shed in his back yard. It hardly seems right that I take care of my part preventing damage to others property, but yet I have to pay for other peoples neglect.

 

If that tree 'accidently' fell on his shed, you all would be just about even

 

Basically the same situation, I mean if it did fall he would want me to pay for it. So how is it any different?

 

That's why i don't have neighbors!!!!! closest is 1/4 mile away down a hill and on the other side of the road......... peace and quiet!!!