Who's Responsiblity? Me or the Town?
- Thread starter linckeil
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An old buddy of mine hit a pole with his v12 race truck and the pole just disintegrated. he got a ticket for speeding.
he said the truck wouldn't slow down, he wasn't charged with the pole and repair?
Dalmatian90
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Either he was lucky, or CL&P looked at the insurance and his assets and decided it wasn't worth their lawyer's time.
Their was something wrong with the speed control chip i think. SO after it got assessed by a shop i guess it wasn't his fault. But ya he didn't have much worth anything.
BlackenedTimber
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From what I understand, this situation has already been handled.
However, a few comments:
My Mom worked for The Bell System/Nynex/Verizon/whatever they call themselves now for 22 years, she did the billing for damaged property, ie poles, terminal blocks, drop wires etc. In New York, they can tear you apart if you damage their property, and people regularly were charged $3,000+ for one pole. I had a buddy trash a pole with his SS monte carlo, and Momma-San burried the paperwork... that was cool.
Also, Homeowner's Insurance will typically not cover an existing/known hazard. That falls on the HO. Only in the event that the tree falls and does damage will the claim (hopefully) be covered, but not if it is a pre-existing conditon- atleast this has been my experience in NY.
If the tree is on your property, legally it is your responsibilty, and you are required to take steps to mitigate that liability. You are also responsible should any property damage or injury/loss of life take place in regards to that tree, as it is legally your property.
The common spec for trimming in ROW, atleast in my neck of the woods is 15 feet to either side of the lines. If your tree is within 15 feet of the lines, which is sounds like it is, then you should be able to get a forester from the power company to assess the tree, and they will probably remove it at no cost to you, which is what it sounds like is going on. Again, based on my experiences in upstate NY.
As for CL&P, I did a bunch of work for them, big contracts for underground power transmission cables in the Bridgeport/Norwalk/Bethel areas. You would be amazed at how much they let slide, and how much slips through the cracks with those guys.
Again, it sounds like you have got this handled, if I pwer-read all of these posts accurately.
My two cents...
T
However, a few comments:
My Mom worked for The Bell System/Nynex/Verizon/whatever they call themselves now for 22 years, she did the billing for damaged property, ie poles, terminal blocks, drop wires etc. In New York, they can tear you apart if you damage their property, and people regularly were charged $3,000+ for one pole. I had a buddy trash a pole with his SS monte carlo, and Momma-San burried the paperwork... that was cool.
Also, Homeowner's Insurance will typically not cover an existing/known hazard. That falls on the HO. Only in the event that the tree falls and does damage will the claim (hopefully) be covered, but not if it is a pre-existing conditon- atleast this has been my experience in NY.
If the tree is on your property, legally it is your responsibilty, and you are required to take steps to mitigate that liability. You are also responsible should any property damage or injury/loss of life take place in regards to that tree, as it is legally your property.
The common spec for trimming in ROW, atleast in my neck of the woods is 15 feet to either side of the lines. If your tree is within 15 feet of the lines, which is sounds like it is, then you should be able to get a forester from the power company to assess the tree, and they will probably remove it at no cost to you, which is what it sounds like is going on. Again, based on my experiences in upstate NY.
As for CL&P, I did a bunch of work for them, big contracts for underground power transmission cables in the Bridgeport/Norwalk/Bethel areas. You would be amazed at how much they let slide, and how much slips through the cracks with those guys.
Again, it sounds like you have got this handled, if I pwer-read all of these posts accurately.
My two cents...
T
It seems to be that way around here, too.
I have never gotten involved in any litigation, but whenever I am dealing with the insurance companies or the homeowners, I am obliged to bid for removing the fallen tree from the damaged property.
The insurance companies won't even pay the injured homeowner for the expense of hauling the wood away, yet they prohibit throwing the wood back into the yard that the tree came from.
I have always been left with the impression that falling trees are considered an "act of God", and that the liability courts want nothing to do with another tree liability issue. I am sure that there are extreme cases where that does not apply, like a tree killing someone passing by.
I think I'll ask my insurance agent how they deal with tree damage issues.
I have never gotten involved in any litigation, but whenever I am dealing with the insurance companies or the homeowners, I am obliged to bid for removing the fallen tree from the damaged property.
The insurance companies won't even pay the injured homeowner for the expense of hauling the wood away, yet they prohibit throwing the wood back into the yard that the tree came from.
I have always been left with the impression that falling trees are considered an "act of God", and that the liability courts want nothing to do with another tree liability issue. I am sure that there are extreme cases where that does not apply, like a tree killing someone passing by.
I think I'll ask my insurance agent how they deal with tree damage issues.
