Neighbor refuses to give me name of tree trimmer who damaged my car while palm tree trimming (homeowners insurance, construction)

[KarmaPhx]

Did you not see that they were doing tree trimming above your vehicle?

[ji603]

Originally Posted by Grannysroost

So you are saying that if the neighbor hired a tree trimmer whether he checked the company's insurance or not, he(the neighbor) is not liable for damage caused to a neighbor's property, because he didn't check the insurance (Guess I can go hire whomever will climb the tree and let them at it, screw the insurance because not gonna be my fault)...then what is the purpose of the company having insurance or checking it, or a contractor doing something on your house..., so if the tree came down and broke my fence or damaged something in my yard from the neighbor, I am responsible? God help me...

This is close enough - Check up a little on your homeowner's coverage regarding trees.... your sentiments are shared by nearly everyone, but nobody reads the policy until they need it. You'd be surprised what's not covered.

Insurance covers negligence. The purpose of checking a contractor's insurance is so that YOU are covered in case your house gets damaged. The contractor's policy would extend naturally to any damage caused by his own negligence. This situation, a loose branch falling and striking a car, would fit that scenario.

A storm could blow in tonight and fell your neighbor's tree. If it smashed your roof in, YOUR insurance pays for it. His tree, your roof - no negligence on his part.

Contractor's responsible - if neighbor won't give his info, that makes him a jerk and a useless neighbor, but you can't force him...

[Captain Bill]

Originally Posted by ji603

Contractor's responsible - if neighbor won't give his info, that makes him a jerk and a useless neighbor, but you can't force him...

The neighbor can be forced by taking him to court.

I'm certainly not an attorney, but it seems to me that if your neighbor hired a contractor to trim the tree, and the contractor caused a frond to damage your car, then that neighbor is ultimately responsible because he caused the work to be done. The contractor is the first point of responsibility, and the neighbor who contracted him is where the buck stops.

You can file a small claims law suit against both your neighbor and the tree trimmer using the name John Doe; then subpoena the neighbor to provide all the contact information for the tree trimmer so he can be subpoened. He would have to provide that information or be violating a court order. You would be suing them both, and the judge would sort it out as to who has to pay.

A good neighbor should contact the tree trimmer and get him to pay for the damage, or pay for it himself.

I would begin by sending a certified and regular mail duplicate letter to the home owner demanding payment for the damage. The courts want to know that you've tried to get this settled out of court, so you will need that letter and document all verbal and written communication with the neighbor to show that you have tried.

Assuming the frond did cause the damage, you should not have to use your own insurance. The neighbor and the trimmer should pay for the complete damage so that your insurance rates don't get affected.

Since your neighbor is being a jerk, I would not hesitate to go after him in the legal manner.

You could hire an attorney if you're not comfortable going the small claims court route.

It's also possible that your insurance company will take care of the damage and then go after the neighbor. If they don't, then you'll be out the deductible, which you can sue for.

[ji603]

Not to beat a dead horse, but to recover you have to prove negligence... the neighbor's a jerk, but not negligent. He hired a contractor to perform work. He's just not absolutely liable for any damages that occur because of a tree on his land...

[Captain Bill]

Originally Posted by ji603

Not to beat a dead horse, but to recover you have to prove negligence... the neighbor's a jerk, but not negligent. He hired a contractor to perform work. He's just not absolutely liable for any damages that occur because of a tree on his land...

I could be wrong, but I think the buck stops with the neighbor. It's his tree, and he caused the work to be done, which caused the damage.

The contractor is initially liable for the damage that he causes. However, the home owner hired the contractor and bears the responsibility of the damage the contractor causes, if the contractor does not pay.

If the contractor while mowing the lawn, has a rock thrown by the blade and damages a person, then the contractor again is responsible. But if he does not have insurance, and won't pay, then the home owner becomes responsible.

That's the whole point of hiring licensed and insured contractors, so that the home owner does not get hit for damages the contractor causes and can't or won't pay.

The neighbor is especially responsible if he refuses to give up the contractor and allow the damaged party to go after the contractor for damage.

That is why you sue both the contractor and the home owner. In this case the homeowner is hiding the contractor, so you sue the homeowner and John Doe Trimmer, and subpoena the homeowner to give the contractors information.

Then the judge will decide who pays. If the contractor skips and won't show, then the judge may throw all the burden on the homeowner.

[Bummer]

Originally Posted by ji603

Not to beat a dead horse, but to recover you have to prove negligence... the neighbor's a jerk, but not negligent. He hired a contractor to perform work. He's just not absolutely liable for any damages that occur because of a tree on his land...

Good point, ji . . . however, this could very well be considered "negligence" because the professional should have known the negative possibilities involved yet did not take the proper precautions.

Also, the homeowner would be held responsible if they chose to hire an uninsured or illegal unlicensed contractor.

[Sco]

The huge problem that I see is that you have no proof or evidence that it was a palm frond that did the damage. Even if you could prove that it was a palm frond, you have no way of proving that it was from the neighbor's tree, that it fell while the tree was being trimmed, etc.

All this talk of court is great but I believe that you would lose and with good luck only have to pay your own legal costs.

Suck it up, pay the deductible and move your car next time.

[glass_of_merlot]

You are out of luck. You can not prove anything. So pay the deductible, fix your car, and park your car inside the garage.

[YAZ]

Sucky neighbors suck.

They're the suckiest bunch of sucks that ever sucked.

This neighbor of yours is most likely trying to get out of any liability he/she might have.


Too bad this person doesn't know that they're not liable.

Have some fun....freak 'em out.

"Threaten" to go to civil court.

See what happens.

[observer53]

YAZ in on the right track. It doesn't cost much to file in small claims court, if you want to actually make good on the threat. The threat, or the filing, may accomplish something. It is not worth the cost of an attorney.