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#1
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Tree damaged by car accident - Insurance problems
This past winter a large SUV crashed into a Norway Maple in front of my
house out near the road. The tree has a 7" caliper, 21" circumference and is about 35-40 feet high. A chunk of the bark about 18" high and about 1/3 of the circumference was knocked off down to the bare wood. The driver was very cordial and said that their insurance would pay for the damage. I had a certified horticulturalist from Weston Nurseries come and look at the tree and write a letter giving an estimate. It says "This tree will continue to live for several more years, however, with each year this tree will leaf out less and less, resulting in rotting branches and internal rot of the exposed hard wood due to the extensive cambium layer scar. No remedial action can save this tree." The numbers we Tree: $5,000 Delivery w/crane truck: $275 Tree and stump removal: $600 Installation w/3 laborers and compost soil: $600 After sending this information off to Commerce Insurance, they came back and said "We'll give you $500 because we do not think the tree needs to be replaced and that's all that the damaged bark is worth. We sent an adjuster to look at the tree and it looks just fine." I am looking to get a second opinion from another certified horticulturalist who is familiar with tree values and associated costs. Does anyone have any recommendations or the best way to proceed? Thanks, -al sung Hopkinton, MA |
#2
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Is Commerce your company, or the driver's?
"Alan Sung" wrote in message news:Y96Xc.90515$TI1.90202@attbi_s52... This past winter a large SUV crashed into a Norway Maple in front of my house out near the road. The tree has a 7" caliper, 21" circumference and is about 35-40 feet high. A chunk of the bark about 18" high and about 1/3 of the circumference was knocked off down to the bare wood. The driver was very cordial and said that their insurance would pay for the damage. I had a certified horticulturalist from Weston Nurseries come and look at the tree and write a letter giving an estimate. It says "This tree will continue to live for several more years, however, with each year this tree will leaf out less and less, resulting in rotting branches and internal rot of the exposed hard wood due to the extensive cambium layer scar. No remedial action can save this tree." The numbers we Tree: $5,000 Delivery w/crane truck: $275 Tree and stump removal: $600 Installation w/3 laborers and compost soil: $600 After sending this information off to Commerce Insurance, they came back and said "We'll give you $500 because we do not think the tree needs to be replaced and that's all that the damaged bark is worth. We sent an adjuster to look at the tree and it looks just fine." I am looking to get a second opinion from another certified horticulturalist who is familiar with tree values and associated costs. Does anyone have any recommendations or the best way to proceed? Thanks, -al sung Hopkinton, MA |
#3
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In article Y96Xc.90515$TI1.90202@attbi_s52, "Alan Sung" wrote:
This past winter a large SUV crashed into a Norway Maple in front of my house out near the road. The tree has a 7" caliper, 21" circumference and is about 35-40 feet high. A chunk of the bark about 18" high and about 1/3 of the circumference was knocked off down to the bare wood. The driver was very cordial and said that their insurance would pay for the damage. I had a certified horticulturalist from Weston Nurseries come and look at the tree and write a letter giving an estimate. It says "This tree will continue to live for several more years, however, with each year this tree will leaf out less and less, resulting in rotting branches and internal rot of the exposed hard wood due to the extensive cambium layer scar. No remedial action can save this tree." The numbers we Tree: $5,000 Delivery w/crane truck: $275 Tree and stump removal: $600 Installation w/3 laborers and compost soil: $600 After sending this information off to Commerce Insurance, they came back and said "We'll give you $500 because we do not think the tree needs to be replaced and that's all that the damaged bark is worth. We sent an adjuster to look at the tree and it looks just fine." I am looking to get a second opinion from another certified horticulturalist who is familiar with tree values and associated costs. Does anyone have any recommendations or the best way to proceed? Thanks, -al sung Hopkinton, MA I think the arborist gave you a very sound diagnosis, & the insurance company is doing what insurance companies always attempt to do, evade payment. Your next letter to them should be from your attorney, with added costs of a second aborist's diagnosis, plus attorney fees. But bare in mind that moving a full grown tree to a new location is not the most certain way of getting a healthy tree. Unless it comes with a three-year guarantee (you'll be lucky to get a one-year guarantee, from tree movers who know it'll last that long at least so they're safe offering that limited promise) the chances of it slowly wasting away are very good for an uprooted & transported adult tree. A much younger tree will settle in much more certainly. -paghat the ratgirl -- "Of what are you afraid, my child?" inquired the kindly teacher. "Oh, sir! The flowers, they are wild," replied the timid creature. -from Peter Newell's "Wild Flowers" Visit the Garden of Paghat the Ratgirl: http://www.paghat.com |
#4
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paghat wrote:
In article Y96Xc.90515$TI1.90202@attbi_s52, "Alan Sung" wrote: This past winter a large SUV crashed into a Norway Maple in front of my house out near the road. The tree has a 7" caliper, 21" circumference and is about 35-40 feet high. A chunk of the bark about 18" high and about 1/3 of the circumference was knocked off down to the bare wood. The driver was very cordial and said that their insurance would pay for the damage. I had a certified horticulturalist from Weston Nurseries come and look at the tree and write a letter giving an estimate. It says "This tree will continue to live for several more years, however, with each year this tree will leaf out less and less, resulting in rotting branches and internal rot of the exposed hard wood due to the extensive cambium layer scar. No remedial action can save this tree." The numbers we Tree: $5,000 Delivery w/crane truck: $275 Tree and stump removal: $600 Installation w/3 laborers and compost soil: $600 After sending this information off to Commerce Insurance, they came back and said "We'll give you $500 because we do not think the tree needs to be replaced and that's all that the damaged bark is worth. We sent an adjuster to look at the tree and it looks just fine." I am looking to get a second opinion from another certified horticulturalist who is familiar with tree values and associated costs. Does anyone have any recommendations or the best way to proceed? Thanks, -al sung Hopkinton, MA I think the arborist gave you a very sound diagnosis, & the insurance company is doing what insurance companies always attempt to do, evade payment. Your next letter to them should be from your attorney, with added costs of a second aborist's diagnosis, plus attorney fees. But bare in mind that moving a full grown tree to a new location is not the most certain way of getting a healthy tree. Unless it comes with a three-year guarantee (you'll be lucky to get a one-year guarantee, from tree movers who know it'll last that long at least so they're safe offering that limited promise) the chances of it slowly wasting away are very good for an uprooted & transported adult tree. A much younger tree will settle in much more certainly. -paghat the ratgirl It might be better to file a claim against your homeowner's policy and let your insurance company sue the other insurance co. At least talk to your insurance agent about how to collect from the other deadbeat insurance company. (it gets interesting if they are the same company) BTW, around here, Norway Maple is considered an invasive exotic species. Best regards, Bob |
#5
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"zxcvbob" wrote in message ... paghat wrote: In article Y96Xc.90515$TI1.90202@attbi_s52, "Alan Sung" wrote: This past winter a large SUV crashed into a Norway Maple in front of my house out near the road. The tree has a 7" caliper, 21" circumference and is about 35-40 feet high. A chunk of the bark about 18" high and about 1/3 of the circumference was knocked off down to the bare wood. The driver was very cordial and said that their insurance would pay for the damage. I had a certified horticulturalist from Weston Nurseries come and look at the tree and write a letter giving an estimate. It says "This tree will continue to live for several more years, however, with each year this tree will leaf out less and less, resulting in rotting branches and internal rot of the exposed hard wood due to the extensive cambium layer scar. No remedial action can save this tree." The numbers we Tree: $5,000 Delivery w/crane truck: $275 Tree and stump removal: $600 Installation w/3 laborers and compost soil: $600 After sending this information off to Commerce Insurance, they came back and said "We'll give you $500 because we do not think the tree needs to be replaced and that's all that the damaged bark is worth. We sent an adjuster to look at the tree and it looks just fine." I am looking to get a second opinion from another certified horticulturalist who is familiar with tree values and associated costs. Does anyone have any recommendations or the best way to proceed? Thanks, -al sung Hopkinton, MA I think the arborist gave you a very sound diagnosis, & the insurance company is doing what insurance companies always attempt to do, evade payment. Your next letter to them should be from your attorney, with added costs of a second aborist's diagnosis, plus attorney fees. But bare in mind that moving a full grown tree to a new location is not the most certain way of getting a healthy tree. Unless it comes with a three-year guarantee (you'll be lucky to get a one-year guarantee, from tree movers who know it'll last that long at least so they're safe offering that limited promise) the chances of it slowly wasting away are very good for an uprooted & transported adult tree. A much younger tree will settle in much more certainly. -paghat the ratgirl It might be better to file a claim against your homeowner's policy and let your insurance company sue the other insurance co. At least talk to your insurance agent about how to collect from the other deadbeat insurance company. (it gets interesting if they are the same company) BTW, around here, Norway Maple is considered an invasive exotic species. One thing to consider about filing a claim with your insurance company is that it could end-up getting you dropped, particularly if you have filed other claims in the last few years. Insurance companies have been scrambling to cut cost recently with the loss of investment income coupled with underwriting losses from large-scale disasters. In Ohio, insurers have been reviewing their files and dropping anyone with more than two claims in three to five years. I know of two people who were dropped this year even though they had only filed two small claims that were related to damage beyond their control. Another person received an advisory letter. In addition, I learned recently that people are checking the number of claims that a home seller has filed as part of their home search to make sure that they can get insurance and that the premiums will be affordable. Filing a claim may make it harder to sell your home if that is a possibility. Life never gets more simple. |
#6
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zxcvbob expounded:
It might be better to file a claim against your homeowner's policy and let your insurance company sue the other insurance co. At least talk to your insurance agent about how to collect from the other deadbeat insurance company. (it gets interesting if they are the same company) Bad idea. Insurance claims on your own policy can lead to cancellation. Commerce is responsive to lawyer threats. Paghat had several good suggestions, I'd take her advise .. BTW, around here, Norway Maple is considered an invasive exotic species. Unfortunately they're still sold by the nursery industry. -- Ann, Gardening in zone 6a Just south of Boston, MA ******************************** |
#7
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"Vox Humana" in
: One thing to consider about filing a claim with your insurance company is that it could end-up getting you dropped, particularly if you have filed other claims in the last few years i wonder what line of business insurance companies are planning to shift toward? |
#8
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Ann in news:f42qi0d14t0iikhl0d536rb06nfce0c2qh@
4ax.com: Commerce is responsive to lawyer threats. true, they pass laws that restrict usage of courts for only business catfights. Paghat had several good suggestions, I'd take her advise |
#9
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sounds good but never, ever, never make a claim against homeowners insurance unless
your house is totaled. they cancel policies and black list people faster than car insurance companies. Ingrid zxcvbob wrote: It might be better to file a claim against your homeowner's policy and let your insurance company sue the other insurance co. At least talk to your insurance agent about how to collect from the other deadbeat insurance company. (it gets interesting if they are the same company) BTW, around here, Norway Maple is considered an invasive exotic species. Best regards, Bob ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ List Manager: Puregold Goldfish List http://puregold.aquaria.net/ www.drsolo.com Solve the problem, dont waste energy finding who's to blame ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Unfortunately, I receive no money, gifts, discounts or other compensation for all the damn work I do, nor for any of the endorsements or recommendations I make. |
#10
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" wrote in message ... "Vox Humana" in : One thing to consider about filing a claim with your insurance company is that it could end-up getting you dropped, particularly if you have filed other claims in the last few years i wonder what line of business insurance companies are planning to shift toward? The business of taking your policy money for twenty years and then dropping you when you file a claim because the siding blew off your house and then six months later your roof was damaged by lighting. |
#11
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zxcvbob wrote:
BTW, around here, Norway Maple is considered an invasive exotic species. Best regards, Bob Unless you say where here is your statement is worthless. -- Travis in Shoreline Washington |
#12
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"Alan Sung" wrote in message news:Y96Xc.90515$TI1.90202@attbi_s52... This past winter a large SUV crashed into a Norway Maple in front of my house out near the road. The tree has a 7" caliper, 21" circumference and is about 35-40 feet high. A chunk of the bark about 18" high and about 1/3 of the circumference was knocked off down to the bare wood. The driver was very cordial and said that their insurance would pay for the damage. I had a certified horticulturalist from Weston Nurseries come and look at the tree and write a letter giving an estimate. It says "This tree will continue to live for several more years, however, with each year this tree will leaf out less and less, resulting in rotting branches and internal rot of the exposed hard wood due to the extensive cambium layer scar. No remedial action can save this tree." The numbers we Tree: $5,000 Delivery w/crane truck: $275 Tree and stump removal: $600 Installation w/3 laborers and compost soil: $600 After sending this information off to Commerce Insurance, they came back and said "We'll give you $500 because we do not think the tree needs to be replaced and that's all that the damaged bark is worth. We sent an adjuster to look at the tree and it looks just fine." I am looking to get a second opinion from another certified horticulturalist who is familiar with tree values and associated costs. Does anyone have any recommendations or the best way to proceed? You could get the 2nd opinion but I suggest you also look into the limit in small claims court in your area. You can usually sue there without needing a lawyer. Frank |
#13
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"Alan Sung" wrote This past winter a large SUV crashed into a Norway Maple in front of my house out near the road. The tree has a 7" caliper, 21" circumference and is about 35-40 feet high. A chunk of the bark about 18" high and about 1/3 of the circumference was knocked off down to the bare wood. The driver was very cordial and said that their insurance would pay for the damage. I had a certified horticulturalist from Weston Nurseries come and look at the tree and write a letter giving an estimate. It says "This tree will continue to live for several more years, however, with each year this tree will leaf out less and less, resulting in rotting branches and internal rot of the exposed hard wood due to the extensive cambium layer scar. No remedial action can save this tree." The numbers we Tree: $5,000 Delivery w/crane truck: $275 Tree and stump removal: $600 Installation w/3 laborers and compost soil: $600 After sending this information off to Commerce Insurance, they came back and said "We'll give you $500 because we do not think the tree needs to be replaced and that's all that the damaged bark is worth. We sent an adjuster to look at the tree and it looks just fine." I am looking to get a second opinion from another certified horticulturalist who is familiar with tree values and associated costs. Does anyone have any recommendations or the best way to proceed? Thanks, -al sung Hopkinton, MA The insurance company is banking that you did not have the tree insured for more. Your homeowners policy _probably_ would only pay $500 for removal etc if it got hit by lightning. $500 is the normal for storm damage, be it 1 tree or 20, most policies have a $500 cap per incident (not per tree). You should be able to verify this through your policy or a quick call to your agent. Now if you updated your insurance, and can prove you had it insured for over 6k, then it's a different story. |
#14
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Travis expounded:
zxcvbob wrote: BTW, around here, Norway Maple is considered an invasive exotic species. Best regards, Bob Unless you say where here is your statement is worthless. Norway maples are an invasive exotic species all over the country. They push out native red maples around here, along with sugar maple seedlings. I can show you acres of forest overtaken by them around here. They shouldn't be sold period. -- Ann, Gardening in zone 6a Just south of Boston, MA ******************************** |
#15
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"Murph" wrote in message ... "Alan Sung" wrote This past winter a large SUV crashed into a Norway Maple in front of my house out near the road. The tree has a 7" caliper, 21" circumference and is about 35-40 feet high. A chunk of the bark about 18" high and about 1/3 of the circumference was knocked off down to the bare wood. The driver was very cordial and said that their insurance would pay for the damage. I had a certified horticulturalist from Weston Nurseries come and look at the tree and write a letter giving an estimate. It says "This tree will continue to live for several more years, however, with each year this tree will leaf out less and less, resulting in rotting branches and internal rot of the exposed hard wood due to the extensive cambium layer scar. No remedial action can save this tree." The numbers we Tree: $5,000 Delivery w/crane truck: $275 Tree and stump removal: $600 Installation w/3 laborers and compost soil: $600 After sending this information off to Commerce Insurance, they came back and said "We'll give you $500 because we do not think the tree needs to be replaced and that's all that the damaged bark is worth. We sent an adjuster to look at the tree and it looks just fine." I am looking to get a second opinion from another certified horticulturalist who is familiar with tree values and associated costs. Does anyone have any recommendations or the best way to proceed? Thanks, -al sung Hopkinton, MA The insurance company is banking that you did not have the tree insured for more. Your homeowners policy _probably_ would only pay $500 for removal etc if it got hit by lightning. $500 is the normal for storm damage, be it 1 tree or 20, most policies have a $500 cap per incident (not per tree). You should be able to verify this through your policy or a quick call to your agent. Now if you updated your insurance, and can prove you had it insured for over 6k, then it's a different story. I don't see how the victim's insurance is relevant to the value of the tree. |
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