Tree Causes Property Damage

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barawks

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So our neighbor, on a single city lot, has 11 trees in the backyard - several hanging over our property line. All large (exceeding 35-40ft). Several of them are dead or visibly dying - owner REFUSES to do anything. We've trimmed as much as we can without shelling big $$ to hire someone. (estimate to take down the worts 3 is $2500!!)

A few years back a limb from a tree fell on our garage and collapsed the roof, ripped off the gutters and bowed the walls. This ended up at nearly $10,000 in damages being paid out by homeowners insurance after our deductible.

In the remnants of Ike, our area got some heavy winds. We came out and found my 2 month old car had been hit by a ~20lbs limb, resulting in a sizable dent and several deep scratches. Immediately after moving our cars out of harms way, a limb from another sickly looking tree crushes a 20ft section of our brand new fence.

My question is, given the history of probable neglect from the property owner and previous damages resulting from that, should I be trying to file a claim with my insurance company (and skyrocketing my premiums) or going after their homeowners insurance? Act of God or act of neglect? To me this is completely unfair - he has the trees on his property towering over our home, refuses to maintain them, damages our property as a result, forcing us to take time to file claims, pay deductibles and pay higher insurance premiums in the long run. Please tell me I will have some sort of recourse! At very least, hopefully we can get someone from their insurance to survey the lot and see what problems are really there and what a risk he's posing to neighbors on both sides.
 
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