by TRUEGODOFTHUNDER » Sat Jul 28, 2012 07:44 am
In Aug 2011, a storm caused a large tree on my rental property to split in half, with 1 portion standing and the other falling in my yard. After 2 months the insurer came to my home and eventually paid to repair a fence and remove the fallen portion of the tree. I tried for several months to have them pay to remove the portion still standing.(the city inspector told me it was a liability and had to be removed) In April 2012, I received a check but it was $500 less than the estimate. They assumed the cost to haul the debris included both portions of the tree, which it did not. I specifically requested the estimate for only the standing tree because I was already paid for the fallen tree. On July 26, 2012, a storm knocked down the tree, damaging 4 vehicles. Who is responsible for the damage? I intended to cut down the tree, but couldn't afford to cover the $500 difference. I hadn't even contacted the insurer about the shortage yet. I did tell the tree professional I would call him in the fall, once I had all the money. (if it matters, I am located in PA)
Posted: Sat Jul 28, 2012 01:34 pm Post Subject:
a storm knocked down the tree
Who is responsible for the damage?
Huh? I'd say the storm.
Are you wondering if the insurance company should be responsible.... because the appear to have handled the claim correctly (you never dispute the coverage they provided), paid you the correct amount and you never did anything about the hazardous tree for a year?
If the initial claim was not handled correctly why did not not get it corrected in the year afterward? You call and leave a message for the adjuster. If no response, you call the next day and speak to a supervisor. If this does not solve the problem in a week or so, you call the Dept of Insurance and your issue would probably be solved in a matter of a couple of more weeks. Instead it seems like you allowed other, unrelated parties, to make a call. You then don't offer any indication that you followed up on the matter.Instead you allowed the known hazard to sit there for a year. Then went something went wrong, you are wondering if someone else should address the situation.
Posted: Sat Jul 28, 2012 04:18 pm Post Subject:
If you have liability coverage in your rental dwelling coverage, it should pick up the damage. If not, you are probably on the hook personally. You had been given actual notice of a harzardous situation and regardless of the reason (you say lack of funds) you are responsible.
Posted: Sun Jul 29, 2012 04:25 am Post Subject:
In April 2012, I received a check but it was $500 less than the estimate.
I intended to cut down the tree, but couldn't afford to cover the $500 difference. I hadn't even contacted the insurer about the shortage yet.
DUH! Were you aware that you probably have a $500 deductible on your policy for such losses?
No one has "shorted" you.
(if it matters, I am located in PA)
No, it really doesn't matter. The people in NJ have the same trouble.
Posted: Mon Jul 30, 2012 04:30 am Post Subject:
no reason to be sarcastic... I'm asking a question looking for guidance. I have a $1000 deductible which was already taken when they issued the first check to repair the fence and remove the debris from the fallen tree. They actually shorted me $1347 because that is what they paid out for me to remove the fallen tree, according to their adjuster's itemized summary. And, it wasn't April, (my mistake) it was May 2, 2012 when I received the check... thanks for the response.
Posted: Mon Jul 30, 2012 04:44 am Post Subject:
Posted: Mon Jul 30, 2012 04:51 am Post Subject:
Posted: Mon Jul 30, 2012 04:55 am Post Subject:
The reason the hazard existed in the first place was because of the storm damage... so I felt I had a legitimate claim which the insurer could have resolved in a few days
or weeks. I opened the claim the next day. The insurer took 2 months to send an adjuster. Then I waited a few more weeks for them to make a decision about the standing tree...... 'no'. They sent a check only for debris removal. I contacted my agent a few times... nothing. I phoned the adjuster several times over a few days.... they suggested I contact a supervisor. After several calls and a denial, and several
more calls pleading my case... two weeks later they agreed to pay for the tree removal. (they made it a point to tell me over and over, this is NOT something they do... pay to remove a standing tree) I then made approx 20-30 phone calls over a 3 week span leaving messages and waiting for return phone calls before 2 businesses finally returned my calls to do the work... (All tree services were inundated due to
the original storm damage) I told the insurer about the difficulty getting an estimate... suggesting maybe they could send an adjuster.. they said no, they would wait. 2 weeks passed before someone went to the site. 2 more weeks and 4 phone calls later they called me with an estimate. (I called the insurer with an update and to report the estimate) 3 more weeks passed before they sent a written estimate,
which is what I originally requested. They said they could start in 4-6 weeks. I received the check on May 2, 2012 and noticed it was not correct. I hesitated to bother the insurer again, because as they said, they already 'broke their own rules' by paying to remove the standing tree. (I was deciding whether to pursue it further, and risk having them change their mind and take back the payment) I feel that I made every reasonable effort to resolve the situation..... Most of the time was spent waiting to hear back from others.... what else could I do?
Posted: Mon Jul 30, 2012 05:26 pm Post Subject:
The key is you were made aware of a hazardous situation and failed to act. Turn in a liability claim. There is no coverage to remove the remaining tree. Your insurance policy is one for indemnification due to physical damage. Trees are not covered for the peril of wiindstorm A hazardous situation is not physical damage.
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