How would you handle this situation?

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Needless to say it's never ok to assault another person, but that said, you're right --some women put themselves into dangerous situations. But I believe most are responsible and try to not invite danger. Thankfully the vast majority of men are honorable. I believe for every man who'd take advantage of such a situation, there are many more more who wouldn't.
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Good idea on paying the bill. As far as I see it, it really is two different situations, first you hired him to remove the trees, he did it, so pay him. Second its the damage, either sue him, or collect from his insurance. If you don't pay him you are a dead beat! If you pay him, now he is the dead beat!
As far as the damage to your lawn, and shed, I would get quotes from contractors to repair the damage. Call a roofer, get references! Call a landscape contractor, also get references. Get them to give you quotes on the repairs. It will mean more in small claims court to have quotes from contractors than your guesstimates. After you win you case you probably will be able to hire the repairs or do it yourself, and pocket the extra cash. Greg
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Greg O wrote:

My thoughts exactly. I'll turn this right around on him.

Again, those are my lines of reasoning. I'll take the cash. I can easily fix all the faults myself.
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"betruger"wrote

How about a follow up on how this turned out? Let me guess, his insurance company told you they will not pay simply because the owner of the policy has not contacted them. It is not permissible for an insurance company to pay out money to someone without notification from the policy holder. Bottom line, they will tell you tough luck until the policy holder contacts them.
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But if he gets a summons to small claims court, he'll probably contact them.
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betruger wrote:
Don't deal with him, call his insurance company. If he does not have an insurance company check locally, many places require contractors to have insurance. Too bad some don't. Also check with your insurance company.
If it turns out he does not have insurance coverage, then consider this a lesson about checking on contractors you hire and maybe if your local government does not require insurance, maybe it is time to start asking why not.
--
Joseph Meehan

26 + 6 = 1 It's Irish Math
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an
this is good advice, let your insurance company fight his insurance company. that way the lawyers are free.
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Photos are necessary, dont jack up any prices as someone else suggested, be far and get bids, 3 is best. Recording conversations will not get you in trouble as most states require One party be agreeing to the recording and that is you. If questioned as to why you recorded him, your answer to that is it is for contract verification, changes , and protecton.
Keep your insrance co out of it . Any claim can raise your rates.
You may have more than 400 damage but wont know till you get bids, stop pay on the original 800 now if you can till you know your costs to make everything fair and right, not at inflated prices or costs, of course. I have done this many times with success with hacks.
Photo everything of importance.
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I wasn't suggesting he rip him off, but I would want to figure in the hassle & time involved plus court costs into the payment. simply getting a few bids & submitting the higher ones, then doing the work yourself would likely cover it.
Rob
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m Ransley wrote:

I disagree. I have never had that problem. Over they years I have had a claim or two and I have never had any indication of an increase based on any claim. I would imagine it is different from authority to authority but I don't believe where I am they are allowed to raise rates based on claims.

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" Recording conversations will not get you in trouble as most states require One party be agreeing to the recording and that is you. If questioned as to why you recorded him, your answer to that is it is for
contract verification, changes , and protecton. "
What the law is in most states doesn't matter. What does matter is that some states do require both parties to consent and if you don't have it and record a phone converstation, it's a criminal offense. In a situation like the OP is in, he has a hostile other party and apparently is also talking to the police. If he lives in the wrong state and were to tell the police he made a recording and the contractor were to want to press charges, he could be facing criminal charges over a silly dispute.
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longshot wrote this is good advice, let your insurance company fight his insurance company. that way the lawyers are free.
================= Good advise only if the homeowner doesn't object to having a claim on his insurance record. Insurance companies "ding" you whenever you cost them money. Is the money they spend on lawyers and other administrative costs associated with such a claim any different from the money they spend on actual repairs?
Maybe his rates won't go up based upon this one incident, but it still counts as a "claim." If his company only allows one claim per year, and he makes this "claim", and then a spring hailstorm hits him next month - what does he do? Not file his $6,000 hail damage claim because he already wasted this year's claim on a chump-change little $200 dispute and he doesn't want to be dropped or go into a higher risk category?
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no ding if the contractor's insurance pays for all the repairs. it's no fault to the home owner. he shouldn't even have to pay a deductible.
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Joseph Meehan wrote:

I got his insurance papers before I hired him. Standard procedure for me.
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betruger wrote:

Good.
--
Joseph Meehan

26 + 6 = 1 It's Irish Math
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Outstanding! Somebody who actually does what many of us realize we should have done.
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Payment for services is different from damage he may have done. You pay for the services and contact his insurance company to make a claim for damages.
While withholding payment seems like a good and logical way to take compensation, the law says otherwise. You can also file in small claims court easily and cheaply.
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True you should pay first, but if he doesnt have insurance or they deny your claim because the tree cutter denies damage, them holding payment till the dispute is resolved is best for the least problems to the homeowner. Keep your insurance co out of it, they can use any excuse to raise your rates or worse, drop you.
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clipped

Did he give a written bid prior to doing any work? If so, is there a statement about damages? Removing waste?
First, I would file a complaint against his license, if he has one. Then file claim for damage and cleanup with his insurance co. Then I would check with an attorney about withholding payment and recording the call. Write out what transpired and take photographs of damage and the mess he left. Folks here who do lawn/landscape work are required to remove waste and take it to the dump - homeowners who do their own work can leave it at the curb (in manageable bundles) for the city to pick up.
I guess a person can risk going to small claims court without attorney advice, especially with photos of damage and the mess he left, but I would not advise anyone one way or the other on that point.
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Again,
You normally cannot make a claim against someone else's insurer. The do not represent you, they represent the one's who pay their premiums In this case, the contractor.
You do not have a contract with that contractor's insurer and they ar under no obligation to pay you.
In this case, only the contractor can file a claim with his liabilit insurer.
It will then be the contractor's liability insurance company' responsibility to defend him from any legal claims you bring.
This is why if you approach any insurance company for satisfaction, i has to be your own. They can pay for your claim (less your deductible then file suit against the contractor and his insured to b reimbursed.
If you do not wish to involve your own insurance company, your onl option is to take the contractor to small claims court, represen yourself or hire your own attorney at your own expense, and battl against the contractor and his insurance company provided attorneys wh will do their best to make sure you lose.
Again, the simplest solution here is to chalk it up to experience an move on.
Regards
-- manhattan4 ----------------------------------------------------------------------- manhattan42's Profile: http://homerepairforums.org/forums/member.php?userid=4 View this thread: http://homerepairforums.org/forums/showthread.php?tv22 This post was submitted via http://www.HomeRepairForums.or
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