Fire from neighbor's land

[macdoesit]

Do you have witnesses that he started the fire??

 

[olenjohn]

Neighbors insurance policy should cover the damages. Been there. Hopefully he has good insurance. Keep the lawyers out of it.

 

[Jstpssng]

"they should do their job"
The district attorney is concerned with the violation of the (Burn Ban) law. The damages sustained to private property are a civil matter. If it goes to court or arbitration, the fact that there was a BURN BAN in effect would go to the neighbors culpability - a matter for civil action.

First you must DOCUMENT the damages in detail. If you negotiate based on "about a thousand dollars" and later discover and want to add five hundred for this or for that, you may be out of luck or have some difficulty changing the damages number upwardly!

I was replying to the first post on this thread, where the OP said

Not sure should I contact a lawyer, the DA

 

[ultrarunner]

Add to the limited access, and maintenance type limitations the California State Board which controls utility rates had denied multiple rates increase requests for funding to do the needed line maintenance.

California rates are about as high per kW as anywhere in the country…

Couldn’t be 4 times higher than what others pay if rate increases not approved.

 

[Riding a Relic]

Got a phone call this morning that the neighbor next to my property let his fire get away and burned about 15 acres of my property and one structure. The house trailer was unocupied but was used for storage. Not sure should I contact a lawyer, the DA or work out something with the neighbor. I don't live on the property but my children do and there is a no burn order for the whole state.

Most definitely go see the neighbor first, since your children reside there. One of my neighbors was burning off a garden plot, and it was windy and dry that day, it jumped over on my place. A fire truck and forestry commission came and controlled it pretty quickly, as my house has that plastic siding on it, I got a little concerned about my plastic being melted mess, but it never got that close. He was so much apologetic about it, I told him all that stuff needed burning off anyway, let's do it again in a few years.

 

[JLinOK]

Got a phone call this morning that the neighbor next to my property let his fire get away and burned about 15 acres of my property and one structure. The house trailer was unocupied but was used for storage. Not sure should I contact a lawyer, the DA or work out something with the neighbor. I don't live on the property but my children do and there is a no burn order for the whole state.

You know, my first question was going to be wtf were you doing burning trash during a red flag fire warning in a rusted out oil drum. However, I was a little concerned about my neighbors mental stability and he did call the fire dept. They got in without cutting my chain/lock and the burning, though close to catastrophic (was stopped just short of entering my cedar valley), actually was beneficial, so I let it go and took cookies to the fire department as a thank you. Your experience may have varied.

 

[woody]

Most definitely go see the neighbor first, since your children reside there. One of my neighbors was burning off a garden plot, and it was windy and dry that day, it jumped over on my place. A fire truck and forestry commission came and controlled it pretty quickly, as my house has that plastic siding on it, I got a little concerned about my plastic being melted mess, but it never got that close. He was so much apologetic about it, I told him all that stuff needed burning off anyway, let's do it again in a few years.

I haven't even gotten an apology and as far as I know my kids which live on the land have not either.
I did learn yesterday that even though they were saying not to burn and no burn on television it was not an official no burn, but if he had called for a permit he would not have gotten one.

 

[Mike0616]

It’s already well known by state agencies that he “broke the law”. Who is he supposed to report it to?

The documentation is primarily for use in getting any claims against neighbor paid, through court or otherwise. No documentation = never happened!

 

[paulsharvey]

I haven't even gotten an apology and as far as I know my kids which live on the land have not either.
I did learn yesterday that even though they were saying not to burn and no burn on television it was not an official no burn, but if he had called for a permit he would not have gotten one.

Well, you shouldn't expect an apology, that is an admission of guilt. You Never apologize, car accident, utility damage, ect, Never. I dont care if he is on video, and absolutely solid proof, you don't apologize, you dispute the claim, and if it drags into arbitration after 3 years, it's often settled for less than the initial claimed ammount

Are burn permits required for the type of burning he was doing? I really think this is just an insurance case, and move on.

 

[logixjock]

I burnt my neighbors woods last spring, you can bet your azz I fell all over myself apologizing for it after the rural fire trucks finally left that night. I felt like a complete jackwagon.

I've got a 100 gallon water tank and pump, a 4 gallon backpack and a 2 gallon handheld sprayers this year.

 

[jigs_n_fixtures]

Do you have witnesses that he started the fire??

Whoever was the incident commander should have written it in their report.

 

[doneill127]

So even if you are fully responsible for an issue, you deny it and say it’s not my fault then hand it over to an attorney for resolution. I’ll make sure I teach that to my grandkids

 

[paulsharvey]

So even if you are fully responsible for an issue, you deny it and say it’s not my fault then hand it over to an attorney for resolution. I’ll make sure I teach that to my grandkids

Yes. If you apologize, you have admitted guilt. Why would you apologize? It doesn't change the outcome for the "victim" and can be used against you.

So, let say, you rear-end someone, and apologize, you accepted fault, even though they may have joint responsibility. So, in this case of the fire, the neighbor might be able to argue an act of God or that the OP bares some added responsibility, do to lack of maintenance, or whatever. He apologizes, and he's 100% at fault. The OP doesn't magically have the fire go away, but our neighbor's money just might magically go away...

As soon as a problem has a couple zeros after it, I dont know you, and you wouldn't know me either. You start looking at paying for neighbors house, and you would be wishing you just shut up, and let the two insurance companies fight it out.

 

[paulsharvey]

I want to say on our vehicle accident reporting policy card, it says to never apologize. Call authorities first, check for injuries if safe to do so (but of coarse don't treat), avoid making any statements that imply guilt, exchange insurance, and take pictures showing position of vehicles and the enemy vehicles tag.

So, for the OP I would absolutely try to document what he can, but if i was the neighbor, I would hope he doesn't, and basically claim, the fire started in OPs storage building and spread to me, I want paid. Thats why this should handled by the insurance, as they will gather the info and documentation needed.

 

[paulsharvey]

BTW, I'm Not arguing for the neighbor, I'm really surprised people expecting an apology, when that is clearly a bad move. Neighbor should be looking after His interests, and the OP should be looking out for his own.

 

[paulsharvey]

If a fire accidentally spreads and damages a neighbor's property, it's important to handle the situation responsibly and carefully. Here are the steps you should take:

### 1. **Ensure Safety**
- Make sure everyone is safe and call emergency services (fire department) immediately if the fire is still active or poses a danger.
- Evacuate the area if necessary.

### 2. **Notify Your Neighbor**
- Inform your neighbor about the situation as soon as possible. Be honest and empathetic about what happened.
- Avoid admitting fault or making statements that could be interpreted as an admission of liability.

### 3. **Document the Incident**
- Take photos or videos of the damage to both your property and your neighbor's property.
- Write down details about how the fire started and how it spread, including any relevant circumstances (e.g., weather conditions, equipment involved).

### 4. **Contact Your Insurance Company**
- Notify your homeowner's or renter's insurance provider about the incident as soon as possible.
- Provide them with all the necessary details and documentation.
- Ask your insurance company about coverage for damage to your neighbor's property.

### 5. **Cooperate with Authorities**
- If the fire department or other authorities investigate, cooperate fully and provide any requested information.
- Obtain a copy of the fire report if one is filed.

### 6. **Communicate with Your Neighbor**
- Maintain open and respectful communication with your neighbor throughout the process.
- Let them know you are working with your insurance company to address the damage.

### 7. **Avoid Admitting Fault**
- While it’s important to be empathetic, avoid making statements like "It's all my fault" or "I’ll pay for everything," as these could be used against you in a legal or insurance claim.
- Let your insurance company and legal professionals handle liability determinations.

### 8. **Consider Legal Advice**
- If the damage is significant or if there is a dispute about liability, consult a lawyer to understand your rights and responsibilities.

### 9. **Prevent Future Incidents**
- Take steps to ensure a similar accident doesn’t happen again, such as improving fire safety measures on your property.

By acting responsibly and promptly, you can help resolve the situation in a way that minimizes conflict and ensures proper compensation for any damages.

 

[paulsharvey]

Whether a fire spreading in bad weather is considered an **"act of God"** by insurance companies depends on the specific circumstances, the terms of your insurance policy, and local laws. Here's a breakdown of what you need to know:

---

### **What is an "Act of God"?**
An "act of God" refers to a natural event that is beyond human control and could not have been prevented by reasonable foresight or care. Examples include:
- Lightning strikes
- Earthquakes
- Floods
- Hurricanes
- Tornadoes

If a fire is caused by such an event (e.g., a lightning strike during a storm), it may be classified as an act of God.

---

### **When a Fire Might Be Considered an Act of God**
1. **Natural Causes**: If the fire was directly caused by a natural event (e.g., lightning, spontaneous combustion due to extreme heat, or wildfires fueled by high winds and drought), it may be considered an act of God.
2. **No Human Negligence**: If the fire spread due to uncontrollable natural forces and not because of human actions or negligence, it is more likely to be classified as an act of God.

---

### **When a Fire Might NOT Be Considered an Act of God**
1. **Human Involvement**: If the fire started or spread due to human actions (e.g., unattended campfires, faulty wiring, or improper disposal of flammable materials), it would likely not be considered an act of God.
2. **Negligence**: If the property owner failed to take reasonable precautions to prevent the fire (e.g., not clearing dry brush or maintaining equipment), the insurance company may argue that the damage was preventable and not an act of God.

---

### **How Insurance Policies Handle Acts of God**
- **Coverage**: Many insurance policies cover damage caused by acts of God, but this varies by policy. For example, standard homeowner's insurance typically covers fire damage, even if the fire was caused by a natural event.
- **Exclusions**: Some policies may exclude certain natural disasters (e.g., floods or earthquakes) unless you have additional coverage. Wildfires, however, are generally covered under most standard policies.
- **Deductibles**: If the fire is deemed an act of God, you may still need to pay a deductible before your insurance covers the rest.

---

### **What to Do If a Fire Spreads in Bad Weather**
1. **Document the Cause**: Gather evidence (e.g., weather reports, fire department reports) to show how the fire started and spread.
2. **File a Claim**: Contact your insurance company promptly to report the damage.
3. **Cooperate with Investigations**: Provide all requested information to your insurer and any authorities investigating the fire.
4. **Review Your Policy**: Check your insurance policy to understand what is covered and whether acts of God are included.

---

### **Key Takeaway**
If the fire was caused by natural forces beyond your control (e.g., extreme weather conditions), it may be considered an act of God, and your insurance may cover the damage. However, if negligence or human actions contributed to the fire, your insurer may deny the claim. Always review your policy and consult your insurance provider for clarification. If necessary, seek legal advice to ensure your rights are protected.

 

[Yander]

I burn **** all the time with a no burn order. F'em I live in the country for that reason. A lot of people do. I don't live near dense forests—just a lot of open farm ground. If I lived in dense forest areas it would be a different story. I'm not an idiot and I know when and when not to burn crap. When I was much younger and dumber, I set a field on fire while trying to burn off weeds in my fence row. That was the best thing that could have happened to that field of weeds. The next spring, it was the most lush and green part of the field.

I put the fire out myself, but it probably burned 4 acres before I could get it all out. No FD was called. I honestly don't even know who owned the field.

 

[paulsharvey]

So, it looks like Negligence vs act of God, and he (his insurance) may want to argue lack of Negligence. I'm sure he (and his insurance) don't want to give up a valid defense.

So, our OP, should get ahead of things, photograph (from his property, not trespass), show the starting point, his damages, ect, and any incident report (that may not be available for 7 days, but a case number should be available right away), and give all that to his insurance folks.

Hurt feelings don't enter the conversation, this is strictly a money issue, not personal.

 

[paulsharvey]

I also burn all the time, but try to do it in good weather. However, nothing causes a wind gust faster than lighting up a dozen of the wife's Amazon boxes. I also keep an eye on it, But don't fool yourself, once they get out of control a shovel and hose aren't going to stop it