Some guy had a tree removal service (I think) cut off some branches and limbs from his tree. Fine, whatever. The tree was right along our fenceline and the dumb bastards dropped a whole limb or something on our fence!!!! Look what they did!! They didn't even call to tell us or anything, Brad was just out mowing the yard and saw it. He is PISSED!!! So am I but someone's got to keep a level head about such things, lol. Here are the pics he took of the fence and the tree. Who do we speak to about this?? I'm just wondering, I don't want to take it to a small claims court or anything but they did break our fence and just popped it back up like nothing happened. Least they could've done was call!!!
You need to find out who trimmed the branches on the neighbors tree. After that you need to call the company, good thing you took pictures. You may need them. You need to speak to a manager at the company and explain what happened. They should pay for it with no problems. Threaten to take them to court if they won't pay for it and that should take care of it.
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Saving just one dog won't save the world, but it surely will change the world for that one dog. -Richard C. Call
As a Owner of a Home Improvement Company... The few times we've had a Sub-contractor make a mistake ( damage property) We've received a call from the homeowner, I went out and met with the home owner, assessed the damage and we repaired the damaged .... with in 5 working days.
“Now of course”… the Sub-contractor got his *A* chewed out and had to pay us for the repair, and was suspended from work for a period of time.
the first thing i would do would be to contact the neighbor and show him the damages. then i would get the number of the tree cutters and call them right away. give them a deadline to come out and assess the damage and when you can expect them to have it repaired. they should have been at your door the minute it happened. the fact they just left without a word makes me wonder as to their credability. hopefully just a threat of a lawsuit will get some action, if not, small claims court is just a small fee but it will pay off in the long run . save your pictures too just in case it has to go that far.
Hee-hee. Call the company first. That way you look like you aren't blaming the neighbor at all. Then call the neighbor and tell him you talked to the company about replacing that fence and you are just informing him [in other words if they don't pay, you will...that way he is on your side and can pressure them from his end...]
unless you remember the name of the tree cutters , there are probably alot of them listed in the phone book. you will spend some time calling them all. i think it would be much easier to just ask the neighbor first and save yourself aolt of time on the phone.. makes sense to me.
well i would also be if someone done that to my property and left leaving no note of apology or even mentioning it ~ i would go crazy. Have you called the company yet?
Looks like my Harveys been at your fence..hes just done some serious damage to his dog run
This could go 2 different ways. It depends on how the contract is written up by the tree trimming service. Some of them have waivers that the home owner (your neighbor) must sign that releases them from any liabilities. If this is the case, then you get a few estimates and take them to your neighbor. He will be required to pay for the damage. If he doesn't.....you do NOT need a laywer. You simply go to your County Seat (city) and take out a warrant on him. Once served, you will be notified of a court date. He will be required to pay for the damages (no doubt in my mind) PLUS the cost of the warrant, any photo processing charges, possibly your time off from missed work, and all of the court costs. It will cost him triple the amount if he goes to court.
If the company did not have a waiver then you will need to find out who they are from your nieghbor. He will gladly tell you if it gets the monkey off his back. You would follow the same preceedings with them. Contact them....if they don't agree to pay then you get a warrant and take them to court.
Keep in mind that regardless of who pays.......you do not have to accept a "patch" in your fence. Patching a fence makes it weaker. You have the right to have the fence in the exact condition it was originally.....even if it means replacing an entire side of the fence.
If any posts are damaged...make a note. If any ruts are dug into the ground and need to be filled in....make a note. ANYTHING that is not as it was needs to be pointed out to the estimator when he is there.
In some cases you have a 3rd option. Home owners insurance.....but I seriously doubt you'll need it. They would pay for the repair and then sue the person who was responsible for it themselves. Whether or not you ahve a deductible depends on your policy. If you did....then you would need to re-coup the deductible from either the neighbor or the tree company......which makes it really just as feesable to deal with them directly to begin with (plus you don't run the risk of your insurance rates going up).
You need to talk to the neighbor first though and find out who the company was and then see if he signed a wiaver with them. You can ask for his copy or call them directly. Depending on what it says......you just go from there......but there shouldn't be one single penny come out of your pocket.....and you shouldn't have to do any of the work yourself.
if someone done that to my property and left leaving no note of apology or even mentioning it ~ i would go crazy. Have you called the company yet?
