Tree damaged by car accident - Insurance problems

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"zxcvbob" wrote

This is why I encourage the OP to contact their agent. Each State in the U.S.A varies, I do know for a fact that in the State of Ohio, this would be relevant in an instance like the OP's.
It doesn't matter what, you think, Vox thinks, or I think. I'm going by my experience in the State of Ohio. Our insurance and precedents mean absolutely ziltch when comparing to another State.
I repeat, the OP's agent would be the best one to contact at this time.
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zxcvbob wrote:>

We got what you meant, but you need to, as the title of this article says, get a "CLUE" on homeowner's insurance, and the ramifications of making a claim.
http://www.oregonlive.com/business/oregonian/julie_tripp/index.ssf?/base/business/10917937947660.xml
As was mentioned earlier, don't go to your homeowner's company unless you have a huge claim, for example, you need to replace the house. (Then sell it in the first year, as the CLUE record will stay with the new house.)
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Yes. That's exactly what I meant. Let's say the homeowner fell on hard times, or was very wealthy and didn't have insurance. Would everything he owned be considered worthless because it wasn't insured? I don't think so.
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Murph wrote:

<snip>
The insurance is the auto insurance of the guy who hit the tree. What his homeowner's insurance would cover is irrelevant.

If you're talking about him going to his home owner's insurance, it's a very bad idea to talk to him/her. If he files a claim, or even alerts his homeowner's insurance company that there has been significant damage to the tree, an entry will be made into the CLUE record for his house. Not only does he run the risk of being canceled at the next renewal (or seeing a big rise in his premium), any other insurance company he would go to for coverage will use CLUE and see his problem.
http://www.oregonlive.com/business/oregonian/julie_tripp/index.ssf?/base/business/10917937947660.xml
Talking to his homeowner's insurance agent about this problem will likely cost him quite a bit in the long run.
On the other hand, no attorney is going to want to go to court over damage to a single tree. That includes the insurance company's legal department as well. But for under $100 he can get an attorney to write a letter to the auto insurance company reminding them that they have an obligation to pay costs, and that the certified arborist is a far more qualified person to determine the tree's damage, and is far more qualified to know what it costs to correct the damage, and make the homeowner whole. That will usually be enough to shake out a good settlement in an automobile accident with less than $10,000 damage to another party's property, which is almost certainly below the liability limits of the driver's policy.
Again: Do NOT get the homeowner's insurance involved.
This is a fairly simple issue in the auto insurance world. All that's left is to negotiate the settlement. Put it in the homeowner's insurance world, and CLUE will haunt the OP for a long, long time, and cost him far more in the long run than if he footed the bill out of his own pocket.
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You're wrong. Agents are there to answer all questions. They do not file claims when you ask them a question. They will guide you the best route to take. Agents know their prospective regulatory laws of their State.
I would like to know, how you know if it's relevant in the OP's State? I know for a fact it's relevant in the State of Ohio, all States vary as I mentioned before. It may or may not be relevant depending on the OP's laws and precedents in the State they reside.
Negotiating a settlement without having knowledge in the field, is very poor advice.
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Murph wrote:

CLUE is a national database. It's used in Ohio just as well as it's used elsewhere. It records more than just claims and payouts. A significant inquiry can be recorded.
There may be limits to how the data can ultimately be used in each state, but we're talking the extent of the impact, not whether there will be an impact. Use your insurance, and your rates will go up. Become a significant risk to the insurance company based on history, and you may not be offered a renewal.
If the OP goes to their homeowner's insurance company for this matter, at the very least, his premium will go up next year, and that's regardless of what state he lives in.
The liability for the damage rests with the driver, and his auto insurance company. Let the driver of the car deal with the higher auto insurance premiums due to his negligence. The homeowner should not get his homeowners insurance company involved. If the OP wants advice about the laws of his state, the place to go is an attorney. Not an insurance agent. I'm pretty sure that even in Ohio insurance agents can't practice law without a license.
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I am not going to reprint reams of past post
I would ask the company if they would be willing to undertake to have the tree removed, the ground made up and a new tree; of say 15ft; planted in its place. Then in addition you claim a figure of say $1000 for loss of amenity (not having the mature tree to look at).
I would not want to try to replace with like for like, not a hope in hell of it ever being a good tree.
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David Hill
Abacus nurseries
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I asked Commerce that if they had an adjuster give them a $500 figure, then would they be willing to come out and replace the tree or could they give me the name of the landscape company/nursery who would perform this work for $500. They said NO because they do not think the tree should be replaced at all.
I then asked them who made the assessment of the damage and what their qualifications were. They said they could not divulge that information and the damage assessment report could only be obtained by subpoena in court.
-al sung
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Call your town/city hall and find out if you can do this yourself. In other words, the judge who handles small claims might be able to provide a subpoena without your having to hire a lawyer. This could end up being cheap.
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Alan Sung wrote:

They are daring you to sue them.
It's time to contact the state attorney general's office, and the state board of insurance examiners.
Bob
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................... please people, can you top post so I dont have to scroll down thru all the previous person's message to find the message???? It just makes more sense if messages arent trimmed. Ingrid
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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.
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snipped-for-privacy@wi.rr.xx.com wrote:

No. But if the message is trimmed, it makes more sense to leave the part a person is responding to at the beginning so they don't have to repeat what they are responding to.
It makes most sense to trim and then post he reply after each section of the trimming.
such as:

response 1

response 2

response 3.
etc.
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trimming is not a universal practice, which is what makes top posting a lot less time consuming. I rarely have a problem figuring out what is being talked about cause the messages come threaded and in order. maybe 2% of the time if I dont know what the topic is I roll down to take a look. yes, once in a while I will intersperse responses to specific questions. but I dont respond to most messages. what is most time consuming is rolling all the way down to find the response is some variation of "me too". Ingrid

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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.
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snipped-for-privacy@wi.rr.xx.com wrote:

Now you see, without a lot of rearranging, I can't include the comments that lead up to yours. I could be anti-social, and top post again to keep some of it in order, but then anyone reading the post will get lost. Or I could spend some time pulling the relevant comments from previous posts to put this in context, but I'm going to let this stand totally out of context to show how top posting ruins the flow of the discussion.
Yes, I would trim out the previous comments that had nothing to do with posting methods. That's part of keeping the flow of the discussion going, too. But if we had to rank things in order of important, keeping things in order is more important than trimming the fat. Maybe you remember everything relevant in the thread, but these posts will be archived. A year from now, someone searching may find your post, and if you've top posted, it doesn't make sense. Even if someone doesn't trim, posting new comments at the bottom will result in a flow that makes sense. People read from top to bottom.
Top posting is rude. It says "my comments are more important than keeping the relevant parts of discussion intact". I'm probably wasting my time because top posters are so wrapped-up in themselves that they simply won't understand, and will refuse to change to the standard way of doing things because it just doesn't work in their self-centered world.
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I cut out the intervening comments, almost always they are covered in later comments.
sometimes I cut out the "who wrote" so the wrong person isnt credited with others comments. ascribing motives to others is pointless to any discussion. motives are unknowable.
Ingrid

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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.
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snipped-for-privacy@wi.rr.xx.com wrote:

But is should be. I have seen email messages with a half-dozen others included.

What is slick is a mouse with a thumbwheel on it. Then you can scroll up and down in a fraction of a second. No time is consumed.
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wrote:

You can also page-down by hitting the space bar.
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People who top-post, I tend to stop reading their posts after a while, because I don't want to have to scroll down then back up again, just to find out what the hell they think they're responding to. Their method doubles the amount of time it takes to read the post in context, while failing to double the value of the time spent reading.
Top-posting is outdone by people who leave nothing at all of the previous post but respond to it anyway. No context at all!
As for people who never trim the previous posts so that each addition makes consecutive posts longer & longer & longer, I rarely bother to scroll to the bottom for the newest addition, because I've learned over time if they're too dumb to know how to trim a post, they're too dumb to say anything interesting. In some newsgroups, however, this is called "cascading," & people make terse comments one after another until the posts are exceedingly long. This is a tradition especially in flame newsgroups, which pretty much reflects the value of never trimming.
I also tend to stop reading posters who don't have enough sense to turn off MIME or html features. Again, if they're too dumb to post properly, they're not apt to be bright enough to say anything of interest, so I'm not likely to miss anything useful or entertaining by skipping to the next.
-paghat the ratgirl
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"Oh, sir! The flowers, they are wild," replied the timid creature.
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On Fri, 27 Aug 2004 14:46:19 -0700, snipped-for-privacy@netscape.net (paghat) wrote:

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Geoff wrote:

But if you're participating in a thread in which comments are so germane that they should survive trimming for more than just the next response, just one person top posting throws everything off. They guarantee that either, A. The next post reads out of order, (Instead of 1, 2, 3, it reads 2, 1, 3) B. Additional work is needed to re-order the comments, C. All previous comments get trimmed, no matter how germane they are to the context of the thread. D. Additional posts are needed, creating more sub-threads, to comment on previous posts.
Let's say I'd like to also add some comments about what some other folks have said in this thread. (I don't.) If you had top-posted, I either have to do a lot of editing to reorder the comments, or I could only comment on your comments here, creating a sub-thread, and go back to the main thread to comment on everything that's been said.
Essentially, each post should have enough of the thread to put the response in context. But it should not include additional material that doesn't add to the context. Sometimes this means two or three (or for a very complex subject, maybe four or five, but seldom more) layers. For those layers to flow correctly, people need to follow the standard of trimming, and posting responses after what the responses is to. Sometimes this is flat-out bottom posting. Sometimes it's posting within. But it never is top posting. Top posting blows the continuity of the thread all to hell.
I would suggest that it's not a matter of circumstances. Top posting says "what I say is more important than the discussion as a whole" in any circumstance.
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