San Clemente, CA Personal Injury Law Firms & Lawyers | Page 3 Results

If you plan on pursuing the case against your neighbor, you need to have some fairly good evidence direct or circumstantial that your neighbor actually caused the damage.

Self defense is acceptable of course if there is a big size difference between the man and the woman and the hit was insignificant the man should not retaliate as he most likely would be the one getting in trouble for hitting back instead of retreating.

I believe the neighbor's insurance agent is wrong, unless this is something that is wholly unanticipated than whether the owner's manual specifies anchoring or not, he would be liable. It's the same rationale as a tree from your neighbor's property that falls over your fence damaging personal property or other items on your side. As long as he had some warning, ie. news cast indicated was going to be windy than if something from your neighbor's property is blown from his property and causes damage, than I believe and legally could be liable. Understand it is not a slam dunk, but he (neighbor) has a duty to control his property to prevent causing damage to yours or other neighbors. Also, the insurance agent is not a claims person, so would contact your neighbor's carrier's claims department and report the incident and that you have a property damage claim. The agent is not the person responsible for making that call. Further, assume you have homeowners insurance and if so given you have a first party (contractual) relationship with your carrier, don't do their job for them. In other words, you should submit your property damage claim to your carrier and let them pay it, although depending on your coverage there may be deductible which they may not pay, then let your carrier do its job and go collect that damage payment from your neighbors carrier (subrogate). Your carrier has an obligation based on the contract that you have with them to treat you fairly, whereas, the neighbors carrier does not.