What recourse do i have here?

[ATH]

If I did end up taking this to court, do you think that the fact that I don't have before pictures of my awning would work against me, given that I have everything else?

Civil court requires a "preponderance of evidence" unlike criminal court which is "beyond reasonable doubt ". So you just need to have enough evidence that indicates they did the damage.

Any word from park manager?

I think it is reasonable to ask for a timeline (so you know what to expect) and the name of who will visit you (for security/safety reasons).

Take lots of pics now. Will rain damage anything with the awning messed up? If so, plan to make them accountable for those damages too if they are lax in getting it repaired.

 

[Veronica Suarez]

Civil court requires a "preponderance of evidence" unlike criminal court which is "beyond reasonable doubt ". So you just need to have enough evidence that indicates they did the damage.

Any word from park manager?

I think it is reasonable to ask for a timeline (so you know what to expect) and the name of who will visit you (for security/safety reasons).

Take lots of pics now. Will rain damage anything with the awning messed up? If so, plan to make them accountable for those damages too if they are lax in getting it repaired.

Thanks so much for clarifying. Will be speaking with park manager as soon as I get home, so hopefully they will be helpful. I will be taking some more pics when I get home as well.

 

[CacaoBoy]

I know you are anxious, but unless a delay in repairs would cause additional damage or endanger persons in the area it is reasonable to give the responsible people a few days to respond. If you are concerned that you are being ignored, it could help to send a letter to the company to remind them of the damage their workers did and their promse to respond and resolve the problem. If this does end up in court, you may be required to show that you had made a written demand before filing.

Be careful what you say, even though this is not a criminal matter what you say may be used against you. Likewise, what the responsible company and their employees and representatives say may be used against them if this ever went to court. Make notes of what is said either during conversations or as soon after as possible in order to create a contemporaneous record.

Depending on the cost of repairs, in some places it is possible to hire an attorney and require the defendant in a court case to pay attorney fees and expenses in addition to your damages. That assumes you win the case, and the responsible party actually pays.

Have you contacted people for repair estimates? You want to know what it will cost to do the repairs in case you are offered some amount of money and accept the offer only to find out later that it will cost more. And you do not want someone from the tree removal company doing the repairs, you want someone with appropriate skills. If you think that you could do the repair yourself and pocket the amount of payment that would have gone for labor, you might pick up a few dollars.

It is possible, perhaps likely, that the company that did the removal is licensed by the state, and the state may have information on the company's liability insurance company. You might file a claim with that insurance company.

 

[Veronica Suarez]

I know you are anxious, but unless a delay in repairs would cause additional damage or endanger persons in the area it is reasonable to give the responsible people a few days to respond. If you are concerned that you are being ignored, it could help to send a letter to the company to remind them of the damage their workers did and their promse to respond and resolve the problem. If this does end up in court, you may be required to show that you had made a written demand before filing.

Be careful what you say, even though this is not a criminal matter what you say may be used against you. Likewise, what the responsible company and their employees and representatives say may be used against them if this ever went to court. Make notes of what is said either during conversations or as soon after as possible in order to create a contemporaneous record.

Depending on the cost of repairs, in some places it is possible to hire an attorney and require the defendant in a court case to pay attorney fees and expenses in addition to your damages. That assumes you win the case, and the responsible party actually pays.

Have you contacted people for repair estimates? You want to know what it will cost to do the repairs in case you are offered some amount of money and accept the offer only to find out later that it will cost more. And you do not want someone from the tree removal company doing the repairs, you want someone with appropriate skills. If you think that you could do the repair yourself and pocket the amount of payment that would have gone for labor, you might pick up a few dollars.

It is possible, perhaps likely, that the company that did the removal is licensed by the state, and the state may have information on the company's liability insurance company. You might file a claim with that insurance company.

All great points, thank you. How do I get around letting them send someone to do the repairs without taking it to court? I agree I want someone with appropriate skills.

 

[capetrees]

It doesn't have to go to court if they agree to repair it back to what it was. They may have a crew on retainer or may ask you to get estimates. If they are willing to pay for the repair and it's done to your liking, all set. If they don't respond or do the repair but it's all messed up, go to court.

 

[Veronica Suarez]

Update. So talked to the community manager. Very supportive. She said they've been using this company for a long time and she does believe they're good on their word, but she also understands I need to protect my home and cover my own ass basically. She had me fill out a complaint form, send her the pics and then SHE contacted the company. She just called me back and said the company owner told her the guy was out today and it should be fixed by end of week. However, if it ISN'T completed by Monday, I need to get back with her and we can take it from there.

 

[Veronica Suarez]

It doesn't have to go to court if they agree to repair it back to what it was. They may have a crew on retainer or may ask you to get estimates. If they are willing to pay for the repair and it's done to your liking, all set. If they don't respond or do the repair but it's all messed up, go to court.

Agreed.

 

[ATH]

Glad to hear there is positive progress!

 

[Veronica Suarez]

I think I am in a good place with this now. Thank you all for all your advice, it was very very helpful.

 

[Veronica Suarez]

My awning is fixed, looks brand new dude even straightened out and cleaned the gutter before he left. Thanks again for all the help!

 

[capetrees]

 

[ATH]

Thanks for the update. Glad all went well and SIMPLE! Please follow-up with 2 more calls. (1) to the company thanking them for fixing the damage they did - but that you'd have appreciated a note of apology letting you know it would be fixed (2) to the park manager to let them know it is resolved.

 

[bowtechmadman]

Glad to hear it all worked out well. Nice to see that the company stood behind their mistake and fixed it in a timely manner. I would strongly urge you to get insurance on your home. I am guessing much of your correspondence and pictures was done on a cell phone and I couldn't fathom paying for a cell phone but not protecting my home with insurance...sorry couldn't help but throw in my .02.