Question about insurance claim

[GottaCut]

Hello and I hope everyone is having a great winter. I have an issue that I hope someone can give me some advice on.

I did a removal of a completely dead tulip poplar, very large tree, in early July 2012, the tree was situated right on the property line. I was just contacted State Farm Insurance who insures the neighbor of my customer. They claim that my work removing the tree damaged their insured's roof. I did not damage the roof, I didn't even drop or lower any limbs over the house. How in the world can they come at me, seemingly out of the blue 6 months later, and try to sue me over this? I don't have any before and after pictures, and I don't know how exactly to prove that I didn't damage anything. The only thing I can say is this: "why in the hell did they wait 6 months to contact me?"

The property is a rental and I think this is insurance fraud.

I have insurance, and a good lawyer, but I don't want to risk my premium going up and I certainly don't want to pay my lawyer $200 an hour for a bull#### claim!

 

[deevo]

Hello and I hope everyone is having a great winter. I have an issue that I hope someone can give me some advice on.

I did a removal of a completely dead tulip poplar, very large tree, in early July 2012, the tree was situated right on the property line. I was just contacted State Farm Insurance who insures the neighbor of my customer. They claim that my work removing the tree damaged their insured's roof. I did not damage the roof, I didn't even drop or lower any limbs over the house. How in the world can they come at me, seemingly out of the blue 6 months later, and try to sue me over this? I don't have any before and after pictures, and I don't know how exactly to prove that I didn't damage anything. The only thing I can say is this: "why in the hell did they wait 6 months to contact me?"

The property is a rental and I think this is insurance fraud.

I have insurance, and a good lawyer, but I don't want to risk my premium going up and I certainly don't want to pay my lawyer $200 an hour for a bull#### claim!

Wow that sucks. I do a lot of insurance related tree work, one thing I learned a few years back, and still do is take pictures before and after of every job. Think it might be a pain, but someone tried saying we wrecked their light and siding at one job we did. Luckily I took before and after pics. Let me tell you that shut that person the heck up after I politely show them the pics on my camera! It's sad there can be such a holes out there and try and pull this crap but there are! Likely took them that long to scheme that crap up! What kind of damage are they saying you did? They have to have some evidence as well. Good luck and hope you can beat this!

 

[Zale]

They have to prove you damaged the roof. What evidence do they have? Admit nothing. I wouldn't sweat it.

 

[Grouchy old man]

I have insurance, and a good lawyer, but I don't want to risk my premium going up and I certainly don't want to pay my lawyer $200 an hour for a bull#### claim!

That is why you have insurance. A lawyer won't know squat, your insurance company is used to this crap and you have them to represent you. They will get the facts from you then listen to their story and look at the damage and any proof they can come up with. They ain't stupid and aren't just going to hand them money. The 6 months is a big red flag. A lot can happen in six months and your insurance company knows that as well as you. I wouldn't worry about this.

 

[Toddppm]

Yup, don't try to fight them yourself, turn it straight over to your insurance. Pretty hard to prove you did anything your rates should not be affected. Hopefully. I am not a lawyer

 

[ATH]

...I don't have any before and after pictures, and I don't know how exactly to prove that I didn't damage anything....

Neither do they.

Why would you have pictures? That was not part of your job

 

[GottaCut]

Thanks for the replies. Yeah I'm just going to turn it over to the insurance company. It's actually State Farm's attorney who has contacted me. She called two weeks back and left a voicemail, I called her back half an hour later and never heard back. I kind of thought it was wild and figured that since I hadn't heard back I wouldn't sweat it. But then today she left another voicemail telling me who she represents and that "State Farm is looking to sue"-exact wording.

I'll post back how it all turns out. Take care.

 

[imagineero]

I don't know that taking pics is really all that helpful. A lot of the time, when you quote, you can't see the roof anyhow. What are you going to do, climb up and photograph everything at the quoting stage? Or maybe quote from your helicopter?

I've been in the situation a couple times where I won a job and went to do the work. Climb up the tree which is over the house, and notice once I'm up there that there's a cracked tile. What do you do, call the client out and point it out to them? They might still think you did it even though you haven't cut anything yet. I tend to not mention it, because it just makes people suspicious.

Cracking a roof tile is so easy to do. Even roping down every limb, if there's any deadwood it's just gong to go flying, and a small stub weighing less than a hamburger will easily crack old tiles. I admit it when I do crack something. Most people have spare tiles hidden away under their house somewhere, and don't even know it. If they don't you can get them for only a few bucks anyhow. Changing them only takes a few seconds.

Shaun

 

[himiler]

My experience with certain insurance companies is they will and do demand any and everything they think they can get away with. Whadya gonna do, sue them for leaving a message or writing a demand letter?
Six months has passed, there is no ducumentation proving you had anything to do with the "claimed" damage to the roof, and unless they have irrefutable proof you did it, then it's not yours to worry about. You mentioned the tree was dead when you took it down, who's to say a dead limb didn't strike the roof before you arrived? In fact, who's to say a wind storm didn't blow a limb from a neighboring tree or some such other debris and damage the roof in the last six months!?!
It's a fishing expedition waiting for you to take a bite. I'm wondering if the HO that you did the work for hasn't had his insurance company contacted already and you just happen to be "Plan B"? Worth a call to find out, and if the HO answer is yes then I'd write them a factual letter informing the insurance company they have already received their reply from the HO's insurance company and to cease and desist. DO NOT discuss in any way the particulars of the incident! If you were a small time operator who might not have insurance and could be easily intimidated, then they would have you.
Finally, the only thing tougher than getting one insurance company to pay another is trying to get money back from a lawyer. I'd turn it over to my insurance company if the polite but firm letter didn't work.

Steve