Tree damaged by car accident - Insurance problems

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depending on what Newsreader program you are using and what type of computer you have. I have a Mac with MT_NewsWatcher on it and that works for me.
snipped-for-privacy@netscape.net (paghat) wrote:

I second that. That is 100% true.
And trim, trim, trim!!!
--
Pardon my spam deterrent; send email to snipped-for-privacy@earthlink.net

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I've often been guilty of top-posting, but usually in response to a single sentence or paragraph query. Although I've admitted guilt, I don't feel guilty, which, as a lapsed Catholic, is the only moral aspect I care about....lol
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well shoot, why didnt somebody tell me that before!!! way cool. doesnt change my feeling about bottom vs top posting tho. I will be scrolling down your posts of course. 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:

You can go straight to the bottom with the END key. (may vary depending on your news reader)
Bob
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Or Control-End, if just the End key doesn't do it. Control-Home, too, to get to the top. That works in most any window in any program, including browsers.
--
Ann, Gardening in zone 6a
Just south of Boston, MA
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Ann wrote:

Which key is the "END" key?
OE Quote-Fix will place the cursor at the bottom of a reply instead of the top.
--
Travis in Shoreline Washington

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It's under Home on the righthand side. The top row is Insert, Home and Page Up, the bottom row is Delete, End and Page Down. Most keyboards have it. Laptops have these keys in strange places.
--
Ann, Gardening in zone 6a
Just south of Boston, MA
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I have an advanced mouse with cut and paste ability and a wheel and it doesnt work equally well in all applications. after scrolling down 50 posts I begin to get repetitive motion pain. then I start deleting those posts. 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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from snipped-for-privacy@wi.rr.xx.com contains these words:

You're missing the point. Your comments are (supposedly) for *other* people to read; people who are not seeing your screen and your newsreader.
If you post at the top of a three-or-four person exchange, YOU know which one you're talking to but nobody else does. When other readers can't tell which point or which of several contributors you are addressing, it can look as if you're not listening to anyone except yourself.
Of course, that may be the case.
Janet.
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Revise your claim. Your claim should include only the value of the tree before it was damaged, the cost of TOTAL removal (including cutting, hauling, and grinding out the stump so that a new tree can be planted), and the costs of submitting the claim (e.g., the cost of the arborist's estimate). Do not include the cost of a replacement tree (see below).
Does you local municipality or county have an arborist? Is there an agricultural extension? Can you pay to have them appraise the tree? I contacted a friend with our local park agency to appraise the value of two trees, based on how the agency values its own trees in this situation. Otherwise, get another arborist, one that is both licensed (if they are licensed in your area) and a member of a national professional society. (Add the cost to your claim.)
When the claim is settled and the old tree is removed, replace it with a much younger tree (5 or 10 gallon can). In a few years, it will be thriving and growing much more vigorously than a specimen tree the size of your old tree. And you will have some money left over from the settlement.
--

David E. Ross
<http://www.rossde.com/
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That's still not at all fair to him. That's like letting someone hit your car, total it, and letting their insurance just tow it away. They're taking a real-world loss to their property value by losing the tree, and in order to be made whole, the tree should be replaced - or they should be compensated for the loss of property value. That's not trying to stick it to the insurance company, that's just being made whole.
I've had to deal with insurance companies of idiots who have caused me harm and damage various times. Not in any case did the insurance company want to even come close to an honest restitution of the damages. I didn't ask for anything other than to be restored to what I had before their insured party caused the damages. (I don't think that's at all unfair) In every case, I had to fight a long, hard battle just to get that - but luckily, so far, I've been able to eventually drag it out of them.
If I were the person who caused the accident, I'd probably feel differently. But as an innocent victim, I have a hard time accepting the fact that I should just bend over and take a loss just because some insurance company feels like pocketing a little more money that quarter.
steve
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Steve Wolfe wrote [in part]:

You failed to understand what I wrote. The claim must include the value of the tree BEFORE the accident. That is exactly how a claim in an automobile collision would be settled if the victim's vehicle were totalled; he would get what the car was worth before the accident, not what a new car would cost. In this way, the homeowner would receive compensation for the loss of the value of his property caused by the fatal damage to his tree.
In this case (a gardening newsgroup), my advice stands. (That's planting advice, not insurance or legal advice.) Replace the tree with something younger and smaller. It is likely to become better established and thrive better than planting a specimen tree that attempts to match the damaged tree in age and size. In the meantime, since a 5-10 gallon tree would obviously cost less than the old tree was worth, the homeowner would realize some cash as compensation for the time it takes the new tree to grow.
--

David E. Ross
<http://www.rossde.com/
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I've always seen them handled as the cost of a replacement. That may (or may not) be the value of the car before the accident.
steve
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I presume that all this wrangling over top/bottom posting is to give the tree time to either recover or die. Or are you all hoping there will be a reply from the insurance company in the mean time?
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David Hill
Abacus nurseries
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Here's an update from the OP.
I had another certified arborist come take a look at the tree. He said the replacement value of the tree itself is in the neighborhood of $6,000, which corresponds roughly to what the first certified horticulturist came up with. The wound is starting to scar over and the tree may live although it is slightly tipped from the car hitting it and may have some root stress. He asked me how I would like a letter written up. I told him whatever he considered a reasonable solution and would hold up in court. He said that the insurance company would probably be able to successfully argue in court that the tree does need to be completely replaced. To testify in court he charges $250/hr. He said that the $500 offer from the insurance company is probably just the driver's deductible and that they'd just be passing thru that amount to me so that they would not have any out of pocket expense. He recommended that the wound be trimmed and that the tree roots be spaded. He said that Norway Maples have a much higher healing capacity than say a Sugar Maple and that if it were a Sugar Maple, that the tree was a goner. He is in the process of writing up a letter and has not given me an exact dollar figure yet that he thinks this damage is worth since there is some equity value in a tree of this size.
-al sung Hopkinton, MA Zone 6a
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Insurance companies (or their CEOs) don't get rich by writing out checks. Make no mistake about it, their business is making money, not taking care of you. In dealing with insurance companies, I've never been able to get anywhere near reasonable restitution without a battle. A regular adjuster will not EVER be able to do it for you, you're going to have to go farther up the food chain.
And, unfortunately, in the case of a tree (instead of a car), you're probably going to have to file a lawsuit. If your locality allows that large of damages in small claims court, and you feel sufficiently prepared to go up against the insurance company, you can do it very cheaply. But make no mistake about it, though, it's going to be a battle.
steve
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