Tree Company Drops Tree on House, what Should I Do?

[Josh]

And you have every right to do so, I'm simply stating what I have found out about this stuff from hours upon hours of research

Because if it's on the internet, it must be true.

Are you reviewing actual case law in your state about it or just what people thing trees are worth?

sigh

 

[Jdavidson015]

Because if it's on the internet, it must be true.

Are you reviewing actual case law in your state about it or just what people thing trees are worth?

sigh

In regards to the value of the trees, It was a formula put out by either a government agency somewhere or a university, I don't remember, but it is about calculating the replacement cost of a tree in circumstances such as these.

For the roof, I am using both, including a lawsuit I just settled about 2-3 months ago now in which they tried to give us ACV and we had case law saying we don't have to accept ACV because the loss was solely due to the other party and their sole negligence. Thus we ended up basing the cost on full replacement cost

 

[Norwayguy]

In regards to the value of the trees, It was a formula put out by either a government agency somewhere or a university, I don't remember, but it is about calculating the replacement cost of a tree in circumstances such as these.

For the roof, I am using both, including a lawsuit I just settled about 2-3 months ago now in which they tried to give us ACV and we had case law saying we don't have to accept ACV because the loss was solely due to the other party and their sole negligence. Thus we ended up basing the cost on full replacement cost

Just reading your posts....I want to say you seem to have the worst luck these two accidents within a weeks time and the issue with the company cutting your lock and throwing things away. It is too bad you need to go thru all these lawsuits to get what you deserve. It is terrible that every person you interact with does you wrong and is not willing to make you whole to your satisfaction.

 

[Accelerated]

...after an adjuster actually told you how claims are handled.

I seem to remember an adjuster doing just that. Can't remember who it was, but it will come to me..

Sorry, but as far as I know, things vary through out the country. I take everything you all say into consideration

They (the laws and claims handling guidelines) do indeed vary, but not by a whole lot.. A CGL policy in Arizona typically looks remarkably similar to one in Hawaii, and if an adjuster were to give you any guidance at all, that adjuster would probably need to be licensed in the state in which you reside, or in your case (since Massachusetts does not license insurance adjusters) they would have to have licenses from nationally recognized licensing states such as TX, NC, FL, AL, GA, MS, LA, SC, OK and so on. To be really credible, they might need additional certifications from various top tier insurance carriers, several years of experience handling thousands of claims all over the planet, HAAG roofing certifications, NFIP certifications, commercial and industrial certifications and maybe even some international claims background. It would be even better if that same adjuster giving a little free advice employed hundreds of other adjusters and quality assurance staff with similar backgrounds, certifications and licensing. If someone like that gave me advice about a claim that I had, I might give it some consideration too. But where indeed to get such advice?

Then again, if my hairdresser neighbor has a cousin who has a friend that sells Life and Health, and thus is "in the know" about how these things are handled in my locale, I would probably give their guidance the same consideration as the aforementioned and purely hypothetical adjuster

Great advice has already been given here: At this point, regardless of the reasoning for the lack of communication on the part of the arborist (though I think that some of the theories and speculation presented in this thread as to the reasoning for the sudden halt to communication on the part of the arborist have merit) if you actually want the damages repaired (meaning you grasp that if someone damages the corner of an older roof, they do not necessarily have to give you a whole new roof if they can repair the damage) call your homeowners insurance carrier, file a claim for the damages to your home and let them deal with the subrogation against the arborist.

 

[xrac]

Just reading your posts....I want to say you seem to have the worst luck these two accidents within a weeks time and the issue with the company cutting your lock and throwing things away. It is too bad you need to go thru all these lawsuits to get what you deserve. It is terrible that every person you interact with does you wrong and is not willing to make you whole to your satisfaction.

Funny isn't it????????????????????

 

[LGilmore]

Your agent told you your home owners renewal might rise? How much? $50, $500, $5000, $50000 a year?

But the attorney is going to work for free?

At this point, I would turn it over to my insurance carrier, get things fixed and let them seek recovery. .... But then again, I don't need additional drama in my life. You almost sound like you need this rather than want to get it done..

 

[TeePee]

Your agent told you your home owners renewal might rise? How much? $50, $500, $5000, $50000 a year?

But the attorney is going to work for free?

At this point, I would turn it over to my insurance carrier, get things fixed and let them seek recovery. .... But then again, I don't need additional drama in my life. You almost sound like you need this rather than want to get it done..

10 to 1, his company will cancel the policy because the roof NEEDS REPLACEMENT ANYWAY.

Please come back and give us a followup

 

[LGilmore]

"10 to 1, his company will cancel the policy because the roof NEEDS REPLACEMENT ANYWAY"

No, his carrier wouldn't drop him for his claim, they just wouldn't pay for an entire re-roof. The OP has put up pictures of the damage.. it's one, maybe two sheets of plywood, some underlayment and one or two bundles of 3 tab of a very common color, easy to match and about 3 hours max labor. He could do it himself for about $150 bucks or less in materials or pay somebody else around a $1000 for materials and time. Getting somebody to replace his entire roof on one side isn't going to work for him, but it looks like he needs some drama in his life.

He's probably going to be sued for the 6k he refuses to pay for the job he verbally agreed to. He for some reason is seeing a payday rather than a payment. Well again the idea of drama comes back into the story.

 

[Jdavidson015]

Just thought I'd make a quick post about how both claims worked out.

1) auto: I was able to find video from a near by building that clearly showed the other party stop as if he was allowing me to exit, he was deemed the sole party at fault. I got my car repaired plus diminished value of 4763.94 per a dealer offer for my car compared to the nada clean trade value. I called the insured out in the fraud to both my ins. Company and his, I don't know what's going on with it now, but I imagine that he's dealing with a lot of sh*t from it...... Serves him right

2) roof: tree company continued to refuse to provide us with his insurance info, so our lawyer said to file through our own company and allow them to figure out the at faults company. Turns out in Massachusetts there is a law in the process that legally prohibits a patch of any size under an insurance claim, the same bill was already passed in Connecticut as well as a few other states. We got the entire back side of the roof covered (peak down) and it was valued at 8376.49. Our insurance was successful in recovering the full cost from the it faults insurance company. We had 2 arborist out to evaluate the loss of the trees. The formula I found was correct, and the total came out to an average of $23,587.50. Our lawyer recommended not bothering with suing the at fault party because we would likely never see the money, and instead writing treble damages off on our taxes as a loss. Still have to check into that part a little more though.

Lastly to those of you who don't like me/ don't want to live near me/ don't want to know me. All I have to say is, I'm very very aggressive/ protective of what's mine. I work extremely hard for what I own, and if you damage it (particularly when I hire you to do something to improve it), you better be prepared to fix it/ buy a new one if necessary as I would if I were in a situation like that. If not prepare for war, because h*ll will fall upon you, and I have no qualms about being this way. Moral of the story is, don't f*ck up! and you don't have to worry about it.

So thanks, although I suppose I don't know why I'm thanking anyone, nobody believed/ accurately helped/ gave the correct advice, and I was only criticized me for what I was reading & hearing... And I turned out to be right.

Thanks anyway though

Peace all

 

[xrac]

Congratulations! I still wouldn't want you as my neighbor.