I got a call from a local man who's neighbors tree fell on his car in the recent high winds and his neighbors insurance refuses to pay for the damage to the car. He wants a damage report on the condition of the tree prior to the failure. I have not seen the tree at this point. I will be looking at it tomorrow around 1 so any advice between now and then would be greatly appreciated. I figure pictures and document everything. I am not sure what I am getting into on this deal but want to make sure I cover everything and don't leave anything out. It might be all for nothing but I am one of two certified arborists in the area and probably the highest educated. I have not done too much of the hazard evaluations. I am hoping Guy decides to chime in on this. Thank you in advance.
Damaged tree advice.... litigation
- Thread starter PUClimber
- Start date
Guy would probably be the best on this. I'm wondering why the insurance co is being this stubborn. From what I understand, this weather system was at the extreme, even the weather Channel babes called it a deracho. With winds like that, even trees in perfect condition would fail without warning. You will need to ask tons of questions regarding the tree and site history, any prior damage from storms etc. Hope this goes well for you.
TreeCo
Carpal tunnel level member
I'd tell the guy I'm sorry but I can't be any help. Besides, I don't think the tree owner's insurance has to pay for an act of god.
Jeff_Cochran
New member
- Location
- Memphis TN
i thought the federal law was that each of the property owners were responsible for all damages to his/her property after a natural event. I thought this law was wrote after katrina in 2005 to deal with the backlash of over loading court system with this kind of litigation.
- Location
- Lexington, KY
The guy that called you may not like what you find out. The tree could have been in such a condition that the average person would not know there was a problem. He may not like to hear what you have to say but it could save him from going down the road of litigation. If it does wind up in court you will likely wind up in court as well to defend your report. Do you have Errors and Omissions insurance?
Be thorough, document everything and charge for every single minute of your time. Even the time it takes to compile all the data and notes into a professionally presentable report. Sometimes when the customer gets an estimate for a post failure forensic report they say "Oh, uh, I'll get back to you."
Be thorough, document everything and charge for every single minute of your time. Even the time it takes to compile all the data and notes into a professionally presentable report. Sometimes when the customer gets an estimate for a post failure forensic report they say "Oh, uh, I'll get back to you."
I went and looked at the tree and first of all had a homeowner that was MIA. So I looked at the "tree" well what was left of it. The homeowner was not happy when I called him. There is visible decay in what's left of the tree. However all that is left is a spar that's about 10 ft tall and there's no picture of what the rest of the tree looked like prior to failure. So I told him there was visible decay in the truck section that is still standing but that there is no way to tell if this defect in the tree was visible prior to the failure.
knudeNoggin
New member
[ QUOTE ]
there is no way to tell if this defect in the tree was visible prior to the failure.
[/ QUOTE ]
And wouldn't there need to be a further step,
i.e. to *prove* that such a defect was the cause of failure
--and that w/o the defect the tree would still stand?!
(I'm thinking of testifying that some knot used and had
broken was weaker than another knot that could've been
used : still, if the delivered load would've busted the rope
either way, and the point's academic.)
Among the fallen oaks I saw after the derecho rammed through
Falls Church were a couple that were intact but for uprooted
massive root balls, but some others that had split and revealed
compromised cores.
*kN*
there is no way to tell if this defect in the tree was visible prior to the failure.
[/ QUOTE ]
And wouldn't there need to be a further step,
i.e. to *prove* that such a defect was the cause of failure
--and that w/o the defect the tree would still stand?!
(I'm thinking of testifying that some knot used and had
broken was weaker than another knot that could've been
used : still, if the delivered load would've busted the rope
either way, and the point's academic.)
Among the fallen oaks I saw after the derecho rammed through
Falls Church were a couple that were intact but for uprooted
massive root balls, but some others that had split and revealed
compromised cores.
*kN*
KN,
My take on it and what I put in writing was that there was signs of decay in the trunk section that remains standing that may have contributed to the failure of the tree. I also put that upon further inspection of the portion of the tree still standing there is no way to tell for sure that this defect was visible prior to the failure. It is not a cut and dry this is why the tree failed. There's an awful lot of mystery when all that was left was a trunk section.
My take on it and what I put in writing was that there was signs of decay in the trunk section that remains standing that may have contributed to the failure of the tree. I also put that upon further inspection of the portion of the tree still standing there is no way to tell for sure that this defect was visible prior to the failure. It is not a cut and dry this is why the tree failed. There's an awful lot of mystery when all that was left was a trunk section.
guymayor
Branched out member
- Location
- East US, Earth
Agree with X and gazer et al; hard to reconstruct what was visible or not.
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