Historic Winter Storm Brings Chaos to the Rocky States: How to File a Property Damage Claim
Winter storm Xylia was projected to dump an additional two feet of snow in parts of Colorado and Wyoming. Wyoming was already pummeled, although winter weather is nothing new in the Rocky States. With blizzard-like conditions comes the threat of downed power lines, felled trees, damaged roofs, and the potential for injuries and even fatalities. Just this winter a transformer blew in Casper, causing a wildfire, and thousands of Wyoming residents in the Casper area remain without power. People have sustained injuries in the past due to transformer explosions, but who is liable for these incidents?
Determine Liability
If a tree falls from your neighbor’s front yard during a snowstorm and lands on your vehicle, who is liable? This depends on the circumstances. If you are parked on your neighbor’s lawn directly under the tree without an easement (their permission), then you would find it difficult to obtain a settlement from them unless they agreed to pay cash for your vehicle. If in the past you reminded your neighbor about their overgrown lawn, unstable tree limbs or brush leaning on your property line, you could use those previous conversations or reminders as evidence to establish the defendant/neighbor had knowledge of the potential hazard prior to the tree limbs falling. Sometimes neighbors get into disputes about removing a tree, but this involves a detailed exploration into property division issues. In other cases, the neighbor might have knowledge of the tree’s decay or dying roots, or the neighbor might decide to cut the tree down without professional assistance, ending in serious mayhem when the tree lands on an adjacent neighbor’s car or causes personal injuries.
What About Homeowners Insurance?
If a tree falls due to a severe storm, winter weather, a blown transformer, or an act of God, it can be more difficult to file a suit against a neighbor. However, the neighbor/defendant should be able to file a claim with their homeowner’s insurance policy that will pay property or bodily injury damages to the next-door neighbor. This process can be time consuming as the insurer will likely launch an investigation, interview witnesses and inspect the damage.
If you were injured as a result of a neighbor’s home maintenance negligence, even if the injury happened during a recent winter storm, you should speak to an attorney as soon as possible. Even if your neighbor has homeowner’s insurance, it is in the insurance company’s best interest to settle your claim for as little as possible. It is likely that their initial offer is for far less than your claim is worth, especially if you or a loved one sustained physical injuries. In some cases the insurance company may completely deny liability, especially if severe weather was a contributing factor.
Call Rocky Mountain Personal Injury Center Attorneys
If you or a loved one was injured in recent severe weather events, you sustained property damage due to a neighbor’s felled tree or remain without power, contact our attorneys at Rocky Mountain Personal Injury Center. We can help you determine if you have a viable claim and work out next steps during a consultation. We only handle plaintiffs’ injury claims, and we will work hard to get you the damages to which you are entitled. Call today to discuss your case and review your potential options before you accept the insurance company’s offer.
