legal question .... tree dropped on fence

[Mr Good Wood]

Ok so my a##hole neighbor hires a uninsured tree hack to come out and cut a tree, it falls on my fence, the tree hack will not pay for the complete cost of fence repair. What can I do? Is my neighbor is at fault too cause he did not hire a insured company ? Yea small claims I know but that is usually a bunch of bs and the company will never pay. I am thinking of dropping a tree across his drive in the middle of winter and saying opps...

 

[cus_deluxe]

I would tell "tree hack" that he had better pay for it, assuming he would like his house to not end up on my firewood pile. These are the types that give a bad name to hard-working small-time tree guys. Theres nothing wrong with being a small operation, but hillbilly + chainsaw does not equal tree service.

 

[zogger]

I am not a lawyer for hire, nor have been awarded any title of nobility..

Your insurance company sues the neighbors. The neighbor sues the tree hack. You pay for homeowners (I assume), use it, document everything.

A tree naturally falling is one thing, a tree dropped on purpose is another. I hope you have pics already of tree across fence, etc.

 

[c5rulz]

What is the amount of money involved?

Getting all wound up and fighting with the neighbors is seldom profitable, you have to live there. For a couple hundred bucks I'd work something out.

 

[Ironworker]

Call you insurance company, that's what you pay them for, they will figure it out.

 

[Fred Wright]

Your neighbor isn't at fault. He didn't drop the tree on your fence.

A claim on your HO insurance could have unintended consequences ~ like higher rates or a higher risk assessment. No one wants that. Save HO claims for natural disasters.

I'd suggest having an attorney contact the asshat who dropped the tree. Even the most obstinate people tend to change their tune dramatically when a lawyer gets involved. Yup, it'll cost you.. but less than the cost of fence repairs.

You may not have to sue. Just letting the guy know that you intend hold him accountable for the damage he caused may convince him to pony up. A lawsuit, attorney fees, court costs and possible judgment are the last thing he wants.

If nothing else, take him to small claims court.

 

[066blaster]

Just calling your insurance company and asking about a claim can cost you in the future. They mark that stuff down. Trust me. Anyway if it's a small section that is damaged just try to fix what is broken. Are you asking for a whole new fence because some was damaged and your mad? Just be reasonable, stuff happens. Even if he was insured they probably would not replace the whole fence.

 

[c5rulz]

Call an attorney, great idea you are already going to spend more than just fixing the fence.

 

[Ironworker]

Your neighbor isn't at fault. He didn't drop the tree on your fence.

A claim on your HO insurance could have unintended consequences ~ like higher rates or a higher risk assessment. No one wants that. Save HO claims for natural disasters.

I'd suggest having an attorney contact the asshat who dropped the tree. Even the most obstinate people tend to change their tune dramatically when a lawyer gets involved. Yup, it'll cost you.. but less than the cost of fence repairs.

You may not have to sue. Just letting the guy know that you intend hold him accountable for the damage he caused may convince him to pony up. A lawsuit, attorney fees, court costs and possible judgment are the last thing he wants.

If nothing else, take him to small claims court.

Just calling your insurance company and asking about a claim can cost you in the future. They mark that stuff down. Trust me. Anyway if it's a small section that is damaged just try to fix what is broken. Are you asking for a whole new fence because some was damaged and your mad? Just be reasonable, stuff happens. Even if he was insured they probably would not replace the whole fence.

What's the sence of paying insurance, the owner of the property is liable. Good luck

 

[steved]

Since it is not anything from your doing, your insurance is the answer. They will go after the neighbor's insurance, which then will sue the hack to recoup their costs.

 

[old_soul]

Company should just replace fence panel. I don't think a tree service with any sense would make an insurance claim for a $200 panel of fence.

Now, bring in two neighbors who don't like each other and it can get real interesting...........................

 

[Wolfcsm]

The neighbor cntracted with the tree hack. That hack was working for your neighbor. The last resourt mught be to take both the neighbor and tree hack to small claims court and have the judge there sort out just who needs to pay. Also, have them pay your costs as a part of the court proceedings.

Hal

 

[svk]

Some people I know use a place called "prepaid legal" to help out with minor stuff like this. I think it costs about $8 a month.

If it were me I'd approach it the following way: 1) Calmly explain to neighbor that you expect the fence to be repaired to original state at no expense to you. Ask him what his plans for repair are. 2) If he is unwilling, inform him that you will be taking him to small claims court if he doesnt work things out. He's at fault and either he or the hack will be paying. 3)Follow up your conversation to him with a registered letter reviewing the conversation. 4) Repeat steps 1-3 with the hack.

If you don't reach a conclusion you could either ask a lawyer to send a nasty letter to the neighbor and hack or go directly to court. Court is a pain in the arse and will cost people time from work as they must appear once summoned. You can drag both of them into court and it will collectively cost them much more than fixing a fence.

 

[jack_90125]

been there done that,called insurance comapny and they took care of it all.no increase in insurance no marks against me.they will take your neighbors insurance for the repairs and they will pay it.would not worry about the hack.even will get deduct back.but yea if you are talkng a hundred or two I would call them and get their advice at minimum.

 

[1project2many]

I have to work with insurance claims frequently. A claim which does not cost insurance money will not count against you. If they pay then recover the payment, it will not count.

Call your homeowner's.

 

[c5rulz]

the tree hack will not pay for the complete cost of fence repair.

What does this mean?? The tree hack will not pay for the Complete cost of the fence repair?

 

[Marshy]

If the tree hack is offering some money towards the repair of the fence, IMO the neighbor should step up and cover the rest of the cost! That is not asking too much!

 

[lone wolf]

What is the cost of the repair and what did the neighbor say about paying it?

 

[pro94lt]

Do you know the company name of the hack? I'm assuming you're neighbor found him on Craigslist. Run adds over and over with pictures and state their not insured and won't help... This is happening in my area the hacks will always be hacks and Craigslist is all they have. .. The so called tree service changes their name every 2 or 3 months...

 

[Cheesecutter]

Its possible if the guy who dropped the tree has homeowners insurance that they will pay under certain circumstances. I'm covered under my home owners ins. if I'm cutting at someone else's place and have a covered mishap.