Tree Removal Service Removed Wrong Tree

[SubjacentSupport]

Still working on the situation--I won't hear more for at least a week or two because of the holidays and COVID-19 issues (big here in downstate NY), but I will say that the insurance company wanted to see copies of the certified return receipt notices with his client's signature on them as proof that I had contacted them. I have seen a few threads here poo-poo the concept as proof of nothing, but in this case it was at least proof of my having mailed them something, on more than one occasion.

Also, since a problem with a neighbor a few years ago I make a point of taking pics of my yard periodically--showing among other things the health of the trees during spring, summer and fall. This has turned out very valuable as they also wanted pics of the tree as proof of height and that it was living before cut down.

Digital pics are free, I advise anyone with close neighbors and close trees do the same! I also included some google map street views but the quality is poor, but if you haven't taken pics and run into trouble it might help.

[SubjacentSupport]

Seems like the tree service will be accepting that they owe us for the property damage. The insurance company said that I will need to hire an arborist to value the damage--it seems to me that the cost of that should be something the insurance company reimburses me for when I am paid for the damages. Anyone know the law/rules about that?

[SubjacentSupport]

Update--between covid restrictions and bad storms this is a slow moving situation...:

The tree sprouted this spring and grew a dozen or so 6-to-10 foot branches from the stump, so definitely still alive but the new growth is not sustainable according to the arborist and the stump will need to be removed.

The insurance company said they pay for the tree value, the cost of the arborist to value the tree and the stump removal (that is based on the specific insurance coverage the tree company had).

Both the lawyer I consulted and the insurance agent for the tree company said that the NY treble stumpage law ( https://www.nysenate.gov/legislation/laws/RPA/861 ) would only apply if the tree was intentionally and wrongfully removed, not an accidental removal of the wrong tree. The value of the tree was enough to pursue the insurance claim, but not enough to warrant a lawsuit to see if the treble damages could be coming our way. (That would also be treble the stumpage, not necessarily treble the tree's dollar value as a live yard tree.)

Is there any recourse for the tree company having lied stating that they contacted their insurance company and that the insurance company would be handling it? And that the insurance company just told them to replace the tree--when I know for a fact that they never filed a claim with their insurance company?

After telling them that I didn't want a replacement tree, they put me off for months saying that they had contacted their insurance company and I had to wait to be contacted by the insurer. I asked for the insurance company's name so I could supply documentation in case they were waiting to hear from me, and the tree company refused to share the insurance company's name. When I finally got the name, I was told that no issue had ever been reported, so I started the claim.

[llworking]

Update--between covid restrictions and bad storms this is a slow moving situation...:

The tree sprouted this spring and grew a dozen or so 6-to-10 foot branches from the stump, so definitely still alive but the new growth is not sustainable according to the arborist and the stump will need to be removed.

The insurance company said they pay for the tree value, the cost of the arborist to value the tree and the stump removal (that is based on the specific insurance coverage the tree company had).

Both the lawyer I consulted and the insurance agent for the tree company said that the NY treble stumpage law ( https://www.nysenate.gov/legislation/laws/RPA/861 ) would only apply if the tree was intentionally and wrongfully removed, not an accidental removal of the wrong tree. The value of the tree was enough to pursue the insurance claim, but not enough to warrant a lawsuit to see if the treble damages could be coming our way. (That would also be treble the stumpage, not necessarily treble the tree's dollar value as a live yard tree.)

Is there any recourse for the tree company having lied stating that they contacted their insurance company and that the insurance company would be handling it? And that the insurance company just told them to replace the tree--when I know for a fact that they never filed a claim with their insurance company?

After telling them that I didn't want a replacement tree, they put me off for months saying that they had contacted their insurance company and I had to wait to be contacted by the insurer. I asked for the insurance company's name so I could supply documentation in case they were waiting to hear from me, and the tree company refused to share the insurance company's name. When I finally got the name, I was told that no issue had ever been reported, so I started the claim.

As long as their insurance company pays for the damages and the value of the tree, there is nothing to sue them for. Yes, they lied, but in the end, you were able to make the claim.

However, there is nothing wrong with leaving an honest review on yelp or other places. It was an honest mistake to start with, (and you should be honest about that in the review) but the way that they handled things was poor. You should also be honest in the review (if you choose to do one) that you did eventually get reimbursed by their insurance company.

[SubjacentSupport]

Thanks!

[SubjacentSupport]

Finally got the check in the mail from the insurance company, glad to be done with this story.

[searcher99]

Congratulations and thanks for the updates.

[SubjacentSupport]

Thanks! I'm glad I stuck with it, I learned a lot along the way.