How to Win Replacement Cost of Damaged Trees From Insurance Companies
If you would like to win the replacement cost of damaged trees, you must persuade an insurance company that your neighbor's negligence caused your loss and that the trees provided an essential function. The National Association of Insurance Commissioners (NAIC) verifies that your own homeowners insurance only pays the replacement cost for trees if your policy specifies it (Reference 1, page 5). The NAIC also says that a motorist or neighbor's insurance would pay the loss out of liability insurance, which doesn't define payments as clearly as your own insurance does. (Reference 2 and Reference 1, page 1) If a motorist damaged your trees, then you might similarly persuade her auto insurance to pay the replacement cost.
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Instructions
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Show a clear path of fault from the motorist or your neighbor to the damaged trees. The key to winning a claim is to provide evidence that his avoidance of a duty led to the tree damage. Clearly a motorist has a duty to not hit a tree, and you can easily show avoidance of this duty with photographs. Include the vehicle's license plate in at least one of the photographs. Perhaps a neighbor negligently allowed his felled tree to hit your trees. Present witnesses, video, photographs or other clear documentation of whatever way your neighbor damaged your trees.
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Provide evidence that your trees fulfilled a quantifiable function. If you sold fruit from these trees then you can count this quickly. Shade trees provide countable benefits, too. Maybe they shaded your house during the summer. Perhaps your award-winning shade-loving plants thrived beneath your trees.
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Demonstrate that you suffer a quantifiable loss because your neighbor damaged your trees. Examples: Show receipts for the amount of fruit you no longer can sell. Have the power company estimate the savings you will no longer enjoy because your air conditioner will work harder now. Present copies of the awards you won for the plants which will no longer thrive if their shade provider is not replaced.
Show with math that over time, this quantifiable loss will surpass the replacement cost of the trees.
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Tips & Warnings
Include recent photos or video of your trees before the damage.
Get three replacement estimates from local tree nurseries for trees the size you lost.
Include delivery, planting, and debris removal in these estimates.
A businesslike attitude impresses an adjuster, whereas ranting gets you taken less seriously.
References
Resources
- Photo Credit apartment in shade image by jimcox40 from Fotolia.com
