Price of filing damage claims

Toppled fences, downed and leaning trees, even wayward palm fronds have homeowners scratching their heads and asking: To claim or not to claim?

Many homeowners are weighing the decision because they're worried that the cost of their insurance will go up if they do.

Sam Sorich, president of the Sacramento-based Association of California Insurance Cos., said the recent storms shouldn't result in an increase in rates.

"The costs will not increase because of these storms," he said. "Even though there was serious damage, it was within the parameters of what's expected."

Weather problems like Sacramento's recent storms "don't usually trigger an increase," said Molly DeFrank, a California Department of Insurance spokeswoman. If homeowners have questions, she said they can call the department's consumer hotline at (800) 927-HELP from 8 a.m. to 5 p.m. weekdays or visit its Web site at www.insurance.ca.gov.

The Bee solicited reader questions and asked Elk Grove-based insurance attorney Jonathan Stein to offer his suggestions on how these readers might proceed on their home problems.

Stein earned a bachelor's degree in economics from California State University, Sacramento, and his law degree from the University of Pacific McGeorge School of Law in Sacramento.

He worked in the insurance industry, earning certification as a chartered property-casualty underwriter. Stein has also worked in civil defense legal practice and is the author of the California Personal Injury and Insurance Blog, www.calpiblog. com.

Q: About two-thirds of our back fence blew down in the recent storm. We're debating whether to file an insurance claim because we're concerned that our rates will rise if we file a claim.

We're not immediately able to pay for a replacement fence but could save up for the materials and do the work ourselves within the next several months.

Is this a valid concern and is there a way to determine whether insurance rates will be affected by making a claim?

A: Your concern about your fence is valid, but you should take reasonable steps to make sure that the downed fence is not a hazard. As to the rates, there is no firm way of determining whether your rates will increase. However, it is a safe bet that they will increase when you file a claim. You can call your agent to ask, but some insurers will raise rates based on an "inquiry" about a potential claim.

Q: We would be grateful for any answer to our problem. During the big storm, our neighbor's tree fell across the road, broke our fence and left a huge mess on our property. The tree is a digger pine that had been dead for several years.

In the past few years, I have had three such trees die on my property and had them all cut down and removed at great expense to myself. This neighbor has neither acknowledged the problem nor offered to help. What is the liability in this case?

A: Your neighbor may be liable. You will have to show that the tree was dead. Having an arborist come out and give you a written opinion is your best bet.

You will then need to ask your neighbor to pay for the damage. Your neighbor's homeowners liability insurance policy should cover this on his behalf. If he refuses to report a claim to his insurer or does not respond, you will have to either report a claim to your insurer or sue your neighbor in small claims court.

Q: My neighbor has palm trees that she has not trimmed for several years. Winds from the recent storms blew the fronds everywhere, and the fronds damaged my composition roof in several places.

My insurance company says the damage is my responsibility, but they're my neighbor's trees. Who has liability?

A: It depends. Usually, the owner of the tree has a defense for this called an "act of God." In other words, if a healthy tree has branches blown off because of wind, then it is not the tree owner's fault.

However, if the tree was not properly maintained or was not trimmed, then the owner may have responsibility. However, don't expect the neighbor's insurer to voluntarily pay you. You need to prove that the neighbor did not trim the tree.

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• Call The Bee's Darrell Smith, (916) 321-1040