tree service damaged my tree!

[rb_in_va]

My neighbor had some tree work done, and in the process something fell on my tree and broke one of the 3 main stems. I just talked to the guy, and he said all he could do was cut the whole tree down. Here is a pic, and I have more. What would you guys recommend? More pics at this link.

 

[labrax]

Sometimes stuff happens, but that is no excuse for him not to leave a note on the door. Did he contact you in the end, or did you have to try and find him and then contact him? The guys that I just had out - were very careful about lowering pieces that were hanging over my shed - they did take out a small branch on a nearby cherry tree, but when I came home the lead guy came over to explain that the other tree was damaged and to point it out. He could have just cut it off and I probably would not have noticed, but he showed it to me right away.

 

[rb_in_va]

Sometimes stuff happens, but that is no excuse for him not to leave a note on the door. Did he contact you in the end, or did you have to try and find him and then contact him?

No note, didn't tell the neighbor either. Then when I hunted him down at first he acted like he didn't know what I was talking about.

 

[indiansprings]

He should have insurance to cover any damage. Get another aborist to give you an estimate of the damage if you consider it worthwhile. Depnding on your state laws, you might need to call the cops to at least fill out a report on the property damage. Have the aborist estimating the damage also give you an estimate to clean up the other guys mess.
The most disturbing thing is that the guy didn't notify anyone and tried to slink away without taking any responsibility.

 

[rb_in_va]

He should have insurance to cover any damage. Get another aborist to give you an estimate of the damage if you consider it worthwhile.

This isn't the biggest or prettiest tree by any means, but it's the only tree in my front yard, and it provides shade from the morning sun. It pisses me off that the guy acted like it's no big deal (and that his only option is to take it all the way down). He said it wouldn't reach my house if it fell (not true, it could definitely hit the house). What I worry about though is that it might fall on someone walking by. Note the proximity to the sidewalk.

 

[Rudedog]

This isn't the biggest or prettiest tree by any means, but it's the only tree in my front yard, and it provides shade from the morning sun. It pisses me off that the guy acted like it's no big deal (and that his only option is to take it all the way down). He said it wouldn't reach my house if it fell (not true, it could definitely hit the house). What I worry about though is that it might fall on someone walking by. Note the proximity to the sidewalk.

Get estimates and file against his insurance. The tree service should be insured as is the homeowner. File suit in small claims court if you have to go that far. Document on a legal pad everything they say and do or fail to do.

 

[Tree Pig]

My suggestion is if you have a reasonable number in your head that would smooth it over for you try him, or if you have some tree work needed ask for it in trade. The honest answer here is that if a tree service caused the damage then they may be held liable for replacement value of the tree. The process would require a lot of aggravation (arguing with tree company, getting licensed arborist to appraise the tree, fighting with his insurance company if he has one). After all that you may get a decent amount depending on the value of the tree. But I personally would rather be reasonable offer him a fair price. Lets say $500 (which would be much cheaper then replacement value, cost of getting it planted ETC.). It would save you some aggravation, put some cash in your pocket and keep some insurance company from raping some poor bastard trying to make a living by crushing him with higher rates.

Of course this all depends on weather the guys is a decent dude or an ass and contingent on the tree being a loss which from the looks of it I dont see it surviving. From the sounds of it sounds like he may be a douche. I would say give the guys a shot to make it right and offering to remove the tree is not an acceptable settlement and I doubt anyone would disagree, except him I guess. Dont forget about removing the tree too hate to see you settle for cash then spend it all having someone remove the tree later.

 

[ddhlakebound]

Sorry to hear of the difficulties RB.

I don't think I'd settle for anything less than removal and replacement, or removal and cash settlement.

To me, the size of the replacement tree or wad of cash would depend on how willing to take care of this he is. As it stands now, I'd be thinking equal size replacement....If he wants to come around and be reasonable, then you could probably find a very nice replacement tree in the $300-$500 range.

Good that you have plenty of pics, as noted above, document everything until this is done and over.

Good luck, and keep us posted.

 

[rb_in_va]

Get estimates and file against his insurance. The tree service should be insured as is the homeowner. File suit in small claims court if you have to go that far. Document on a legal pad everything they say and do or fail to do.

I really want to leave the neighbor out of it. He was trying to be considerate by removing limbs from over my roof. If a tree had come down on the house or a car I would pursue it. But the fact of the matter is I have considered replacing this tree in the past. I had planned on planting another and let it grow some before I took the chestnut down. Or if the chestnut fully recovered I could have 2 trees in the front yard. I realize that sometimes mistakes happen, but I don't appreciate the guy's attitude that my tree is basically worthless because it is only 25' tall or so.

 

[BlueRidgeMark]

...

Of course this all depends on weather the guys is a decent dude or an ass ...

I think we already have the answer to that:

No note, didn't tell the neighbor either. Then when I hunted him down at first he acted like he didn't know what I was talking about.

This guy will not pay up unless he's forced to.

...I would say give the guys a shot to make it right and offering to remove the tree is not an acceptable settlement

..

Dont forget about removing the tree too hate to see you settle for cash then spend it all having someone remove the tree later.

:agree2:

 

[BlueRidgeMark]

Get estimates and file against his insurance. The tree service should be insured as is the homeowner. File suit in small claims court if you have to go that far. Document on a legal pad everything they say and do or fail to do.

This part is crucial, RB. You need a diary - starting NOW - of EVERY conversation. Every entry has a date & time.

Otherwise, it's just "he said, she said".


That really stinks, RB. You are going to have to fight this guy to make it right.


BTW, you need to clean out your gutters. :hmm3grin2orange:

 

[rb_in_va]

Also I should mention that this is a father/son operation. The father was not on site for the job. And the son (maybe 25 years old) was the one that I talked to about the issue. Should I get ahold of the father and see what he says?

 

[rb_in_va]

I just called the father. Apparently they have the same name (jr and sr). The father said he is not affiliated in any way with his son's business. I'm calling the PD and see what they say.

 

[Rudedog]

I just called the father. Apparently they have the same name (jr and sr). The father said he is not affiliated in any way with his son's business. I'm calling the PD and see what they say.

They'll say civil matter.

 

[rb_in_va]

They'll say civil matter.

Yes, but shouldn't I get a police report?

 

[BlueRidgeMark]

Yes, but shouldn't I get a police report?

Nope. There is no criminal issue here.

 

[Rudedog]

Yes, but shouldn't I get a police report?

No. No crime occurred. There is nothing to investigate. There is no intentional act. You do have a loss which makes it a civil matter. Has your neighbor paid the tree service yet? I'd see If I could work a deal for removal and planting of a new tree that is more than a sapling.

 

[rb_in_va]

They'll say civil matter.

Yep, they sure did. I was following indiansprings' advice.

 

[pwoller]

I'm suprised that you can't even get a report, there is damage to your property.

 

[rb_in_va]

It's ok really. I have 4-5 pages of notes, and photos dating back 4 years on this tree.