[?????]

A tree company that dropped a tree limb onto the fender and windshield of my truck are denying that they are responsible.

I only have liability insurance on the truck and didn't see them drop the tree on my truck, but they were there working all day and my truck was fine at 7am that morning. When I went to go drive it around 5pm I noticed that the windshield was broken, along with a dent along the fender with some scuffs on the paint that looked like it was from wood, as well as the truck was covered in saw dust, indicating that they were definitely working near my vehicle. After noticing the damage, I looked around to see what could have fallen and hit my truck hard enough to cause the damage and there was nothing laying around except for saw dust.

I called the cops to file a police report and the officer that came to the scene wrote down that the damage was consistent with that of a fallen tree limb.

After calling around all of the tree service companies in town I figured out who was there and called them. They of course denied it. Is there anything that I can do about this or do I just have to suck it up and have a damaged vehicle?


Here's the guys website, not sure if that helps at all. http://hallstreeservice.com/

 

[Silver]

Small claims court?

Where's the RM legal counsel? Strung out on mescaline outside of Barstow, I presume?

 

[clarkenstein]

Small claims court?

that was my thought.

 

[?????]

How does that work exactly? I've never felt it necessary to sue someone and I'm broke broke broke at the moment, so I doubt I'd be able to pay a lawyer.


I was fine with him just paying to replace the windshield. The truck isn't in perfect condition and the dent on the fender wasn't that bad, however if he is going to deny it, then I want everything he damaged to the previous condition.

 

[stoney]

Small claims court?

Where's the RM legal counsel? Strung out on mescaline outside of Barstow, I presume?

This.
1) Get a repair estimate from a body shop
2) Find out for whom they might have been doing the work to confirm that they were indeed on site
3) Confirm with other tree service co's that his tree service is the only one working the street where you parked.

Once you have all of this, call the owner back informing him that there is a police report noting that the damage is consistent with that of a tree service. Let him know that you have confirmed that his company was there, as you have found who ordered the services and his tree service is the only one that was working the street where you parked.

If he still denies you given all of this evidence, immediately file a claim and have the letter delivered w/ a confirmation of receipt. Let him tell it to the judge.

 

[stoney]

To find out who he was doing the work for, find the property in which the trees are located. Contact the owner of the property and let them know that there was an accident involving the tree cutting service and you just need to confirm that they were indeed working that site, that day. Most good people would have no problem with this, especially if it's a neighborhood. Just be very polite and non-accusatory.

If it is on public property, go to the town municipal district to confirm that he was contracted to do work there. You will need all of this as evidence to support your claims in court.

If you do it right, you will be able to paint him into a corner before you go to court and he should take care of it.

 

[Wumpus]

http://www.madisoncountycircuitclerk.org/smallclaims.htm

 

[OGRipper]

Filing a claim in small claims court is easy and generally you are not allowed to have a lawyer, let alone need one. If they fail to respond, don't hesitate to file a claim.

 

[?????]

If I file the claim, will I have to go to Auburn (8 hours round trip drive) to appear in court? That is where the incident happened, but it's not where I live now.

The incident did happen a few months ago during the last weeks of my thesis project, so at the time, graduating was more important and I didn't have time to deal with this.

 

[SkaredShtles]

Maybe a branch just fell on your car and the tree service was nice enough to move it off for you... since they were there.

 

[?????]

Maybe a branch just fell on your car and the tree service was nice enough to move it off for you... since they were there.

Haha... that's probably what they will say.

There were a lot of storms that night, but I was working at school and had my car in the school parking lot, until 7am when I had to move to avoid getting a parking ticket. When I went home, there were several trees down on my street. The day after the storms there wasn't a cloud in the sky and it wasn't windy at all.

 

[SkaredShtles]

Haha... that's probably what they will say.

There were a lot of storms that night, but I was working at school and had my car in the school parking lot, until 7am when I had to move to avoid getting a parking ticket. When I went home, there were several trees down on my street. The day after the storms there wasn't a cloud in the sky and it wasn't windy at all.

Widow-maker hangin' by a thread... fell when you were gone. You're lucky it didn't kill you!

 

[OGRipper]

If I file the claim, will I have to go to Auburn (8 hours round trip drive) to appear in court? That is where the incident happened, but it's not where I live now.

Filing a claim may be enough to get them to settle with you before you actually have to appear in court. Otherwise, yeah, you would probably need to make a personal appearance to get a judgment in your favor.

 

[Westy]

Tree cutters are just one step above tow truck drivers. Good luck getting any cash even if you win the case.

 

[DirtMcGirk]

As your attorney, I advise you chase the offending tree cutters with this until they take your threat seriously:

NSFW

Maybe put some nails through the tip and get a super soaker full of lube to make them know you're not dicking around.

 

[ballbarian]

Get pics of saw dust to prove it was cut too...

 

[Toshi]

Tree cutters are just one step above tow truck drivers. Good luck getting any cash even if you win the case.

A heroin junkie in Seattle owes me $1200 in restitution for breaking into my car in 2002, was it? 2003?

I doubt I'll ever see a penny of it.

 

[IH8Rice]

A heroin junkie in Seattle owes me $1200 in restitution for breaking into my car in 2002, was it? 2003?

I doubt I'll ever see a penny of it.

cool story

 

[jonKranked]

burn them down

 

[SkaredShtles]

burn them down

What? The trees??

 

[jonKranked]

What? The trees??

while the tree people are lynched in them

 

[JayBear]

Tree cutters are just one step above tow truck drivers. Good luck getting any cash even if you win the case.

..

WE prefer the term Arborist.. ..

Take some pictures, get an estimate, send them to the tree cutter with a bull**** letter from an attorney..

receive check shortly...Insurance rates are ridiculous even without a claim against you, more then one will bury a company..

Good luck .

 

[valve bouncer]

What? The trees??

That'd fix him! Every tree in a 20 mile radius.

 

[DirtyMike]

I will say this...... Good luck. If they decide to tell you to piss off, in a situation like this you will need someone who saw it, or a judge that has had something similar happen.

Small claims is easy, no lawyers involved... think judge judy...

My guess, if you hit small claims, best you will get is a split on cost.... then you get the fun of actually trying to get your money.

 

[?????]

I just found out that they have a facebook fan page.

http://www.facebook.com/pages/Halls-Tree-Service/165075993549808?sk=wall

And the owners profile, although it is private.

http://www.facebook.com/profile.php?id=100000147019411

 

[worship_mud]

@ ?????: now that you've posted their www-adress, their FB profile and the owner's FB profile, do you expect RM to start an e-djihad??

to prevent future damage, i recommend this:

worked great in SE-asia...

 

[Salami]

Maybe put some nails through the tip and get a super soaker full of lube to make them know you're not dicking around.

How could you not be dicking around with that thing?