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Old 07-05-2009, 11:16 PM
 
13,795 posts, read 25,202,662 times
Reputation: 8009
If you've got nothing to loose relationship wise with your neighbor... take him to court. At least he will have the opportunity to explain himself to you and the judge when you question him or plead the 5th...

If he hired a laborer and not a contractor, he as the employer would be responsible... that is why I only hire licensed and insured individuals...

My Neighbor refused to turn over the info on his tree trimmer... I went ahead and had the damaged repaired and neighbor offered to pay for the parts... I did the work myself. Never did find out who the guy up in the tree was.

I'm certain the trimmer was illegal... frustrating as all get out...
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Old 07-06-2009, 12:15 AM
 
1,121 posts, read 2,053,749 times
Reputation: 1048
Quote:
Originally Posted by Valley Native View Post
I realize this won't help in your search for a professional, but the fact that your neighbor is being unhelpful in providing the name of the person who supposedly damaged your car while trimming his palms seems very suspicious in itself. It is possible that your neighbor might have hired illegal aliens, which could explain his unwillingness to cooperate.

At this point, you should definitely file a police report, and contact your insurance company. Let them do the investigation. Once you get the cops involved, they will likely attempt to get the truth out of your neighbor.
I totally agree. This is what you pay your insurane company for. Let them do the paperwork. If the trees in question are not healthy, this could also be a homeowners insurance problem for your neighbor.
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Old 07-16-2009, 04:36 PM
 
Location: Lake Oswego, Oregon
1,941 posts, read 1,601,008 times
Reputation: 4921
If the tree is eighty feet tall, then the stem-end of a frond (the end that would be attached to the tree trunk) could definitely do that much damage. Dried fronds are like wood. That's how they can stick to the tree for decades.

Of course, getting the name of the tree trimmer may be a dicey proposition in itself. Will it be the guy's birth name, or the name of the poor guy whose Social Security Number he's using? Frankly, your neighbor may fear retaliation, if he gives out the guy's name (assuming he didn't hire the man out of Lowe's parking lot that morning).
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Old 07-16-2009, 05:17 PM
 
8,164 posts, read 9,471,024 times
Reputation: 5514
i agree in letting your insurance company get on it - they'll either pay it and take the loss or they'll attempt to subrogate and recover damages

there needs to be a distinction though between liability and coverage

you can be liable for something that is not covered and you can be defended for actions that you are ultimately not liable for

that is a very important distinction

your insurance company, if they feel it's worth it, will attempt to sort through the details

the owner is ultimately responsible for everything that happens on his property ...... this is a big reason why it's a good idea to hire insured and bonded workers ....... a guy who is on his ladder cleaning your gutter fall and hurts himself without any personal insurace it's you as the homeowner who will be paying

guy is mowing your lawn and the mower spits a rock and takes out some kids eye - without insurance it's on you

often in serious issues all parties are claimed and then worked out from there

on actual construction job sites you have an owner, a GC and the subs ....... the GC will traditionally provide their own insurance and hold the owner harmless - it's up to the owner to verify the coverage ........ then the GC will hire subs who will hold the GC harmless and provide their own insurance and it's up to the GC to verify the insurance of the sub

i know it's a bit different in the commercial coverages, but conceptually it's close enough
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Old 07-16-2009, 08:43 PM
 
559 posts, read 905,900 times
Reputation: 210
Sounds like its time for some street justice, when is the next rainy night?......toliet paper anyone?
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Old 02-16-2010, 01:26 PM
 
Location: SE Florida
1,194 posts, read 2,430,298 times
Reputation: 733
LovingSat is on the mark and I agree with letting the insurance company do the leg work.....Call them ASAP.
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Old 02-16-2010, 01:54 PM
 
Location: South Tempe, AZ
13,956 posts, read 16,909,974 times
Reputation: 6215
Quote:
Originally Posted by Synergy1 View Post
LovingSat is on the mark and I agree with letting the insurance company do the leg work.....Call them ASAP.
This thread is months old... I assume the OP has taken whatever action they decided was appropriate.
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Old 09-17-2010, 03:36 PM
 
6 posts, read 6,485 times
Reputation: 10
My neighbor also hired an uninsured contractor to take down a dead tree. It damaged my fences and bushes on my property. the contractor cant' be found. I had heard that the homeowner should pay for damages because he was negligent as to seein if this guy had insurance. but now i must find on the web or any where some court cases in which shows the homeowner liable before i go before the judge in a couple of weeks. Can any one help me? The neighbor's insurance says that his client is not liable yet he didn't even come outside to watch the man cutting down a tree that has been dead for over two years.
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Old 09-17-2010, 04:52 PM
 
8,164 posts, read 9,471,024 times
Reputation: 5514
Don't know any case law - but be organized, have good details on the damages, detailed cost of repairs, condition prior to damage, etc.

Generally, if nature causes the tree to fall then there is no liability from the owner.

In this case damage from your neighbors hired contractor caused damaged to a 3rd party (you) based on their work. You have a definite case against the contractor.

However, if you are unable to locate the contractor then you could very well have a case against the owner. The argument about the property owner being responsible for supervising the work done on their property, maintaining records about those who work on their property and determining the insurance of the contractors they hire.

I know there are differences between residential and commercial property owners - however, in the commercial world it happens all the time where the party who hires the contractor without insurance can be held liable for their actions and have their GL policies come into play.

It sure beats submitting to your own insurance and dealing with the deductible to at least try.
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Old 09-17-2010, 09:12 PM
 
146 posts, read 248,450 times
Reputation: 66
80 foor drop? More like 30-40. Someone has really bad estimating skills.
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