folivier
Thinks s/he gets paid by the post
- Joined
- Oct 8, 2009
- Messages
- 2,020
I'd like your thoughts on the following:
We keep our motorhome parked on family property nearby. The neighbor asked a family member for permission to have an old dead large hollow magnolia tree that is on the property line cut down. He agreed for her to cut it down. However she decided to burn some branches around the base of it first. The fire quickly got out of control and the tree started burning on the inside creating a very intense hot fire with lots of smoke and hot ashes. That day it was very windy and the wind was blowing the smoke and hot ashes towards my motorhome parked 30' away. When I got there that morning I moved it further away, I was immediately concerned of the tree falling closer to the motorhome and causing it to possibly catch fire. With 200 gallons of diesel and 16 gallons propane I felt it wise to move it.
Today, 2 weeks later, I noticed the paint is damaged on the rear and 1/2 of the passenger side which was closest to the tree. I contacted the company who painted the coach a few years ago and recently repaired and repainted the rear and showed them a picture. They said it appears to be heat related damage.
I would much rather file a claim on their insurance rather than mine.
To further complicate matters we will be leaving for an extended 6 month trip in the motorhome in May. The paint company I spoke to doesn't have any openings before then and said it would take 3-4 weeks to complete the repairs.
So my question is this: is the neighbor liable for the damage since they started the fire? I feel like their intention was not for this to happen but it could not have happened if they didn't start it.
The picture shows one area of the damage.
Let the ER court begin....
We keep our motorhome parked on family property nearby. The neighbor asked a family member for permission to have an old dead large hollow magnolia tree that is on the property line cut down. He agreed for her to cut it down. However she decided to burn some branches around the base of it first. The fire quickly got out of control and the tree started burning on the inside creating a very intense hot fire with lots of smoke and hot ashes. That day it was very windy and the wind was blowing the smoke and hot ashes towards my motorhome parked 30' away. When I got there that morning I moved it further away, I was immediately concerned of the tree falling closer to the motorhome and causing it to possibly catch fire. With 200 gallons of diesel and 16 gallons propane I felt it wise to move it.
Today, 2 weeks later, I noticed the paint is damaged on the rear and 1/2 of the passenger side which was closest to the tree. I contacted the company who painted the coach a few years ago and recently repaired and repainted the rear and showed them a picture. They said it appears to be heat related damage.
I would much rather file a claim on their insurance rather than mine.
To further complicate matters we will be leaving for an extended 6 month trip in the motorhome in May. The paint company I spoke to doesn't have any openings before then and said it would take 3-4 weeks to complete the repairs.
So my question is this: is the neighbor liable for the damage since they started the fire? I feel like their intention was not for this to happen but it could not have happened if they didn't start it.
The picture shows one area of the damage.
Let the ER court begin....
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