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Our neighbor accidentally set our acreage on fire, insurance?

No structures were damaged, but an acre of our land is now charred, the land has been torn up from fire crews, and at least 6 (native, not planted) trees are gone. Our property value went down substantially in a matter of hours. Will his/our homeowners insurance do anything to reimburse us for this?

Update:

First, yes, the police know. Second, I have no plans to sue. Third, in our area it takes 5-7 years for fire damage to "fix" itself. And the field is torn up. We get little moisture, and can actually still see tire tracks from 8 years ago when a telephone pole was erected in that same field. So yes, we have lost property value for at least the next 5 years or so. But since we have no plans to move, it isn't the end of the world. All I wanted to know was how to deal with this situation, it's all new to me.

7 Answers

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  • 8 years ago

    You have limited coverage under your homeowners insurance for the fire damage to the six trees. It doesn't matter if they were planted on purpose or not.

    Nothing else is covered, as nothing else was damaged. The grass will grow back, and much faster, if you throw some seed onto it.

    You'd have to sue the neighbor for the "loss of value" to the land - which is NOT going to be "substantial". It's temporary. A year from now, no one will ever know. You'd have to prove to a judge, the loss of value. And right before it comes to trial, photos of how it looks, will completely negate whatever you claim. You'll be paying a lawyer $10,000 or more, up front, for this lawsuit.

  • 8 years ago

    I've personally handled this type of claim 7 times in my history of being an insurance agent. We live in a large agricultural area and folks around here like to "burn off their land". When they do so, sometimes, they accidently burn their neighbors land. That's covered under the at-fault party's liability portion of their homeowner's claim.

    You need to inform your neighbor you'd like reimbursement for the damage you incurred. In turn, your neighbor should submit a claim to their insurance company. Your neighbor has no deductible requirement under the liability portion of the claim.

    The insurance company will require you submit proof of your loss. The losses I have seen paid involve extensive damage to large lots of trees. Acres and acres of them.

    If you decide to turn a claim in to your insurance company, you'll have a deductible to meet and depending upon the type of trees, only a limited amount eligible for reimbursement. Before submitting a claim to your own insurance company, consider the effect it will have on your claim history and premiums.

    Source(s): Owner of an insurance agency. Husband is an adjuster. Together, we have over 48 years experience.
  • Anonymous
    5 years ago

    Your insurance company is not conning or scamming you. They have given you correct advice in that this is the way to make the claim and you are correct in that you will have to pay the excess. However this does not follow as A leads to B that your renewal premium will increase. The claim has to be made in this way because while your neighbour is technically at fault here, your neighbour's policy covers her contents and belongings - not yours (just in the same way as your policy does not cover your neighbours contents and belongings). Your insurance company will pay out on the claim for which you will have to pay the excess and then your insurers will claim that money back from your neighbours insurers. This may all seem unfair but it is the correct way that this would be done.

  • car253
    Lv 7
    8 years ago

    You could take you neighbor to small claims court. There is nothing wrong with that. You can put the claim in on your homeowners insurance but you loose a "claims free discount" for a few years. You need to ask your insurance agent or company how much that discount is to see if it is worth putting in claim or not.

    How much are the trees worth? How much would it cost to replace the trees?

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  • KL
    Lv 6
    8 years ago

    You can be reimbursed for the trees but nothing on the land that was burned.

  • 8 years ago

    Ask the neighbor to grade the area and throw some seed down. Done..and done.

  • Anonymous
    8 years ago

    does the police know? that would be criminal charges against your neighbor if it can be proven that they did this......then call your insurance company and they can go after your neighbor! let the insurance companies fight it out, but honestly, what can you be reimbursed for? charred burned grass.............there is no money for that

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