Tree Removal Service Removed Wrong Tree

[SubjacentSupport]

To follow up:

Quick chat with an arborist suggests the tree was worth $3,000-$4,000 based on height and regardless as to its overall health (which wasn't an issue--just came up when I asked about how soon he needed to see the stump to make an assessment), but an in-person inspection would give a better number. The fact that we have pictures of the live tree for height would be helpful.

He referred me to NY Real Property Actions and Proceedings Law, section 861 (like MiddlePart suggested), and suggested I contact my insurance company and see what they thought and see if I have the chance to speak with a lawyer for a quick review of what is involved next. He thought the insurance company might go after the tree company's insurance company for recompense and that maybe we wouldn't have to do much else. He was very kind, didn't want to make the trip here (costing us more $$) before checking other avenues.

[jk]

I’m surprised the arborist gave you a value and said the condition of the tree was irrelevant. Of course it’s relevant. If it wasn’t healthy, it may have some value as lumber but as a tree not only is it worthless, it could be a liability.


your insurance company isn’t going to go after anybody unless you make a claim with them and they pay you for that claim. They only subrogate claims you may have against others if they pay you. Otherwise they won’t do a thing. They won’t simply seek anything from any other party unless it is to recoup money they have paid you.

[SubjacentSupport]

The value was a ballpark for a living tree of comparable size/age to help me know how to move forward--if the tree wasn't healthy but still alive, the insurance company would cover any damage (based on past experience where the insurance company said if it had even one branch with leaves during the recent season they considered it living and would cover the damage).

If the tree was actually dead, the liability would be on us if it damaged something so I don't see how you think that factors in to the issue that someone killed a tree that we didn't want killed.

A tree is not remotely worthless aside from lumber value--it adds beauty to a property (and can increase property value), shade in the summer which reduces cooling costs and it filters the air and controls erosion. This particular flowering tree was also good for both night and day pollinators, and bugs need all the help they can get around here as all the pesticides and foliage removal has diminished their numbers greatly.

You can see some benefits and values for a tree here:

https://www.arborday.org/trees/benefits.cfm

https://www.arborday.org/calculator


I spoke with our insurance company and they said that since no buildings were damaged in the process, they weren't going to get involved.

[jk]

The value was a ballpark for a living tree of comparable size/age to help me know how to move forward--if the tree wasn't healthy but still alive, the insurance company would cover any damage (based on past experience where the insurance company said if it had even one branch with leaves during the recent season they considered it living and would cover the damage).

If the tree was actually dead, the liability would be on us if it damaged something so I don't see how you think that factors in to the issue that someone killed a tree that we didn't want killed.

A tree is not remotely worthless aside from lumber value--it adds beauty to a property (and can increase property value), shade in the summer which reduces cooling costs and it filters the air and controls erosion. This particular flowering tree was also good for both night and day pollinators, and bugs need all the help they can get around here as all the pesticides and foliage removal has diminished their numbers greatly.

You can see some benefits and values for a tree here:

https://www.arborday.org/trees/benefits.cfm

https://www.arborday.org/calculator


I spoke with our insurance company and they said that since no buildings were damaged in the process, they weren't going to get involved.

A healthy tree is worth whatever a healthy tree is worth. A diseased or dying tree is worth whatever the lumber is worth. A diseased tree, even one that is mostly dead, can still have a living limb.

what I questioned is your statement that the value is unchanged regardless of the health of the tree. That simply is not true.

your tree benefits calculator (what you linked) is meaningless to your situation. Trees are appraised based on the type of tree, the condition of the tree and the size of it; that’s pretty much it.

[SubjacentSupport]

Still fighting this battle...

jk--You can question whether that statement is true or not, but I'll take the word of the professional appraiser.

So the insurance company just sent me paperwork and it asks "what Authorities were notified". Was I supposed to call the police and report it?

[pg1067]

So the insurance company just sent me paperwork and it asks "what Authorities were notified". Was I supposed to call the police and report it?

No. Just answer the question with "none."

[adjusterjack]

So the insurance company just sent me paperwork

Which insurance company? Yours or the contractor's?

[SubjacentSupport]

No. Just answer the question with "none."

Oh good--I was afraid I screwed that up.

Which insurance company? Yours or the contractor's?

The contractor's insurance--my insurance said that no building was damaged so it wasn't their issue. The tree guys have tree-specific insurance.

[adjusterjack]

Oh good--I was afraid I screwed that up.




The contractor's insurance--

OK. Let us know how it turns out.

[SubjacentSupport]

Will do--I always wish folks would come back and finish the story.