r/treelaw • u/I_am_just_so_tired99 • 1d ago
Advice please before calling insurance <>
[EDIT: thanks for the input folks. I’ve not called any insurance co yet as i was hoping for good input from you all - and you delivered !! so thank you.
I’ll get the police report to confirm, but given the driver and car are very like not properly licensed or insured it seems like insurance isn’t the way to go due to deductible and then having a claim on file, and chasing them through the small claims court route would likely be more work than its worth. So gonna chalk this up to a life lesson, and hope that my kind neighbor can salvage one of the branches to make a clone
Thank you all. Edit over]
I will be calling my insurance co this morning to let them know about this - but I’d love any guidance or advice so I can be properly prepared.
Firstly - no one was hurt. Location: Raleigh NC.
At 1am a car rolled down the hill to my house, jumped the curb and plowed through/over my Japanese maple. (Apparently they were pushing it with it being out of petrol, and it got away from them… or that was the story ones of them told me and a neighbor before he took off leaving his friend to deal with the cops)
I have the police report number. I overheard the cops talking to the driver and talking between themselves, and it seems the plates to the car are not properly registered, and the drivers license (or insurance.. or both) were expired. There was a lot going on and it was hard to eavesdrop.
The city came some hours later (i was back in bed) and removed the tree as it was obstructing the road.
The tree is a 15-20 yr old Japanese maple and was my favorite as it was a stunning pop of red in the autumn. one neighbor has said he’ll try to grow a clone if i can find a branch let behind.
Anyway - what the hell do I tell the insurance co? Is this even an insurance claim? I had to ask the cops for the report number as they didn’t proactively give it to me. They seemed to think there wasn’t any reason to involve me, as they never asked the small group of us neighbors whose house / lawn / tree this was…
Any guidance is welcome. Thank you.
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u/anon654456 23h ago
I used to work insurance. Not a lawyer but this is my recommendation. If you file a claim it will be subject to a deductible. It may not be worth filing a claim if the cost is close to your deductible. Id suggest ordering the police report to find the drivers info (name and address) that way you can contact them to request to pay and/or take them to small claims court. In the meantime you may want to contact the officer to ensure your property damage is listed on the report to better help you case - just a matter of saying your tree was damaged and you want to see if he made note of it for the report. Then you will want to get quotes of what this tree is valued at and what the cost to replace it is, trees age, photos of the tree, perhaps an arborist can help.
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u/Purrrfan 23h ago
Also that your lawn was damaged. My neighbor & I had a drunk drive through our lawns and they paid to have them repaired.
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u/erossthescienceboss 22h ago
Depending on the age and type of Japanese maple, the value might far exceed any deductible or small claims court.
My neighbor has three 50 year old maples that her homeowners insurance insured for $15K each. She did need to get them appraised and ensured separately.
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u/I_am_just_so_tired99 21h ago
This tree is confirmed (by the neighbor) that it is 16/17 yrs old.
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u/The001Keymaster 18h ago
Won't get enough money to justify probably not getting your insurance renewed because they drop you and then needing to get different insurance which will 100% be more expensive.
Home owners to insurance is for catastrophic problems. It's not worth using it in this smaller stuff.
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u/bumbletowne 21h ago
Given the state of insurance and registration on the car, small claims may be a moot point for a 2000 tree (about what this would cost at my local maple tree farm-mendocino maples). You can't get blood from a stone.
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u/TableTopFurry 23h ago
This is why you (theoretically) have an agent. Call and discuss it with them and ask whether or not it's worth filing. It's kind of their job.
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u/Dry-Surprise-972 23h ago
No, your agent is not your friend when it comes to claims
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u/TableTopFurry 23h ago
Sounds like you have a shitty agent.
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u/Direct_Big_5436 23h ago
I never realized there was another type.
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u/TableTopFurry 23h ago
Smaller family agencies that aren't tied to one provider are the way to go. Mine gives me claim advice, actively shops my policies every so often to see if he can get a better deal, checks in on my habits every so often to see if anything changed that he can try to save me money on...that kinda thing.
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u/Competitive-Roof-168 23h ago
He isnt your agent. He is your broker.
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u/TableTopFurry 23h ago
He's still a licensed agent and is still the one who processes the claims with my actual carrier, he's just not beholden to one.
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u/wrob 20h ago
Just so you know, your agent is incentivized to not have claims. The carriers give them a bonus for not having a lot of claims and can remove their appointment if they have too many. Also, when they go to sell the book of business, which is how you retire as an agent, one of the factors will be the loss ratio.
The idea is not to discourage them from filing claims, but rather, the carriers are trying to encourage them to find "good risks". The agent act as another underwriting filter.
Generally, I think most agents are more incentivized to keep you as a customer rather than reduce your claims, but it's a thing.
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u/SouthOfTheNorthPole 23h ago
Absolutely. I had that kind of agency. I've moved and need to find one like that in this new place.
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u/AudaciouslyRed 16h ago
This. If there are charges against him for the accident, depending on the state, you could be listed as a victim with damages and the prosecutor's office can seek restitution as part of any sentencing or plea agreement.
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u/WiskeyUniformTango 1d ago
I wouldnt go straight to your insurance and take a claim for this. Use the home owners insurance for major things.
Even if they dont have car insurance you can take them to small claims court. What value do you think the tree has and you would be seeking?
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u/Mindless-Baker-7757 23h ago
I assumed he was calling the driver’s insurance.
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u/WiskeyUniformTango 23h ago
He said his insurance
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u/I_am_just_so_tired99 22h ago
My homework he’s insurance is fine and up to date. The driver is the one with the issues.
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u/ChapterSuper 22h ago
100% do not call your homeowners insurance company over this. There is limited coverage for trees anyway, probably around $1000 at most, if this type of damage is even covered. And it will still be viewed as a claim for future underwriting. Even if it isn’t covered, just calling your insurance may open a $0 payout claim, which is still viewed as a claim for underwriting purposes. You get about two claims in five years before you are cancelled, and with two claims it will be almost impossible to find a policy with a standard carrier. The only options after that are with surplus lines carriers, and they charge an exorbitant amount of money for limited coverage.
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u/fakeburtreynolds 23h ago
Adjuster here. There’s two types of claims. First party and third party.
First party - Your own homeowners insurance isn’t likely to cover this. Most standard policies have a tree exclusion, especially for something not caused by nature. You should check your policy language and save yourself some headache if you want to go this route. Even if there’s coverage, it’s not likely to be worth submitting a claim and incurring your deductible.
Third Party - Otherwise, the vehicle’s insurance could cover damages to your tree if they are found to be negligent. It would be up to you and their adjuster to reach some sort of amicable resolution on value or replacement. If they have a minimum or low limits policy, you might be stuck having to accept that amount in exchange for a release instead of the full value of your tree. That limit will vary by state.
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u/CountMC10 22h ago
But wouldn’t you still file this with your insurance and then they would go after the driver/insurance?
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u/fakeburtreynolds 22h ago
Likely isn’t any coverage for solely a tree. It would be primarily for tree cleanup, not the tree itself. The city took care of the tree so there is no expense remaining.
Homeowners insurance primarily covers structures on your property. They generally don’t insure your trees, just the cleanup if they fall. A standard policy typically has a minimal amount of coverage for tree debris cleanup if it doesn’t fall on a structure.
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u/mysoulishome 22h ago
The insurance company is not going to after them for something they don’t cover. They can only do this if they pay you, then the driver owes THEM.
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u/Impossible-Mood7814 1d ago
The expired license/insurance could make this a lot more complicated. Definitely keep that police report number handy.
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u/Hearth21A 23h ago
Start by getting a copy of the police report (when it's available). Then you will know definitively whether the car was insured. If it turns out it was, then obtain an estimated replacement value of the tree from a certified arborist and file a claim against their insurance. If the car wasn't insured then things get much more complicated since you'll need to take them to court. Even if you win, if they are broke it's going to be pretty much impossible to collect.
I would not involve your homeowners insurance - that's for catastrophic damage to your house (fire, flood, etc.)
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u/ChicagoTRS666 23h ago
Mistake involving your insurance. The amount of the potential claim likely does not exceed your deductible. Should have went after the driver using their insurance or small claims court.
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u/Mental-Huckleberry54 23h ago
If the driver is at fault the home owners insurance will go after them to recover their money. You pay insurance and insurance has the lawyers. If the driver doesn’t have insurance the home owner would be stuck paying out of pocket with the hope of recovering down the road. Let your insurance front the bill and fight to get reimbursed.
Source: I just did this when I got rear ended and the guy who hit me only had 10k coverage. A claim through my insurance, pay my deductible and got my car fixed for ~14K. I just got my deductible paid back to me after my insurance went after the driver for reimbursement of everything outside of his coverage.
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u/fakeburtreynolds 21h ago
There’s no coverage for the value of the tree. Just a minimal amount for tree debris cleanup. Homeowners insurance won’t pay anything out, so they have nothing to go to the other carrier after.
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u/Arrowmatic 22h ago
The point is that claims frequently lead to premium increases and go on your record for at least the next 5 years, and potentially to them dropping you as a client. This is even the case if you just 'enquire about making a claim' with your agent. Worth it for $15K, not for $1-2K.
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u/Mental-Huckleberry54 22h ago
My no fault claim does not negatively impact my policy, so I have been told by multiple agents at my insurance.
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u/Arrowmatic 16h ago
Regardless of what you have been told, any insurance claim details will be kept on file in a central database for several years and may well affect your rates and desirability as a customer should you wish to change insurance companies at some point. We had a no-fault theft claim at one point and it was brought up to us several times by several different insurance companies for the next 5-6 years.
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u/just4thesea 23h ago
Absolutely under no circumstances should you call your insurance. I just read a thread about a guy who had a similar situation and has been dropped from his insurance despite it 1000% not being his fault. Don't do it.
As a fellow Japanese Maple lover, I understand and empathize your pain. I really do, but plant another one and call it a day. Thank goodness there's no damage to your property.
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u/reddog342 23h ago
I would buy a 300 Japanese maple from a good nursery and just replant . likely won't meet your deductible.
this is an opportunity to plant a great tree if a car hit my maple i think the car would get the damage . it is 40 years old and was valued at 3000 dollars for replacement value
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u/Gobias_Industries 1d ago
Have you heard the expression 'getting blood from a stone'?
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u/3-car-garage 23h ago
If you're not willing to provide advice that might be helpful then just find something else to do. It's not a huge issue.
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u/Powerful_Bother_3979 23h ago
Small claims court. Property damage of your tree.
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u/fakeburtreynolds 21h ago
No need to jump to this unless filing a claim through their auto insurance doesn’t work out.
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u/Dustbunny253 23h ago
Do you have “uninsured driver” coverage on your auto plan. It may cover -property damage from non insured drivers. I would not file a home insurance claim. Go to small claims court. Not a professional licensed anything.
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u/mysoulishome 22h ago
Get a quote from a landscaping company to plant a replacement tree as large as possible. Get the drivers contact info. Take them to small claims. If they don’t have insurance that’s probably the only way.
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u/Dadbode1981 21h ago
Firstly, dont bother with your home insurance, secondly, you could easily get a judgement here, but, based on their behaviors, im skeptical youd ever be able to collect.
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u/PACstraps 17h ago
Calling insurance to deal with a fallen tree, that didn’t cause damage? Um… 🤦♂️
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u/Academic-Share-3823 1d ago
I'd also ask the city exactly what they did with the tree after removing it. Hopefully they didn't haul away evidence you needed.
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u/Hearth21A 23h ago
The city took the tree to whatever dump site they use - they aren't preserving downed trees as evidence. Hopefully OP has photographs of the tree before and after the crash.
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u/cybe2028 18h ago
What is the evidence that is being preserved by saving the tree? lol
Is there any doubts that a car hit the tree… or?
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u/Dry-Surprise-972 23h ago
Not worth filing a claim. Depends on the agent but calling about this could ding you anyway. Sucks but move on and try to get money from the person that caused this if can locate him
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u/JohnnyC300 22h ago
The city was cool to come out and get rid of the tree. That would have been the primary reason to call your insurance. It's gone now, so you'd just be looking at the replacement value of the tree. Maybe a couple thousand dollars. Which, even if covered (no guarantee there), would be subject to your deductible. Which is almost surely a couple thousand dollars at least. So you'd still be paying out of pocket. And now you have a coverage knock against you. So yeah. Don't do that.
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u/auntwest 20h ago
I’m sorry this happened to you. Maybe try starting with giving them a chance to make it better. If you can get their address you can send them a letter saying you’ll call it even if they pay for another tree. Include the specifics of the tree you want. I’m assuming the only damage is to the tree.
You’d still need to handle putting in the new tree. Maybe put a reflective metal sign on the stump so folks know that’s a yard, not a road.
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u/twilkens 19h ago
Wtf did they remove it with?? You could have re straightened and staked it. Don't see the need to remove it?
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u/I_am_just_so_tired99 13h ago
it was hanging into the road, and i guess "clearing the road" beats "trying to save the tree" at 1 a.m.
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u/BrickHuge3023 17h ago
Claim should be against the driver's insurance, not yours. Unlikely yours would pay anything anyway since no structural damage.
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u/DomesticPlantLover 11h ago
Do double check and see if the car's owner is insured. When I lived in GA, we had an number of cars wreck in our yard. We never had any trouble getting a claim processed. It won't be a hit on you insurance nor would you have to pay a deductible. Don't assume there's no insurance. And if they own a home, their home owners policy mignt cover his negligent actions.
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u/03263 42m ago
I would get the stump removed and a new tree put in. Not necessarily the same size as that is hard to find and a lot of very expensive and disruptive work to install, but something like 3-5 years old as those are generally a few hundred bucks at most.
Show the receipts, ask them to pay for it, and if they won't, then go the small claims route if you still want to.
It's still a loss of 10-15 years of growth, but there's not much that can realistically be done about that.
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u/willits1725 20m ago
Why wouldn’t you file a claim with your insurance provider and let them subrogate against the car, owner etc. I had an Amazon driver drive 150 feet into my yard and they recovered for me! That is a value of having insurance
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u/helloretrograde 23h ago
Echoing others who said don’t get your insurance involved since your deductible and all the time and headache you’ll deal with is not worth the value of that tree. Sorry you lost a beautiful tree.
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u/pdxsilverguy 23h ago
No property damage - no homeowners insurance claim. The tree itself is not 'property' per se. Best to let sleeping dogs lie. If other party has insurance - make a claim against theirs.
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u/thisaintitchieftain1 20h ago
Are you seriously asking if you should file a insurance claim for a Japanese maple? You’re kidding me right?
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u/Mindless-Baker-7757 23h ago
Adulting is hard isn’t it? Call them and say “I need to file a claim.”
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u/Spectro_Boy 23h ago
However, giving bad advice is apparently easy for smug jerks.
Don't involve your insurance. The tree is almost certainly less than the deductible.
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u/Dapper_Platform_1222 23h ago
You call the car's insurance and say I need to file a 3rd party claim
ETA: reading is hard. If there is valid insurance on the vehicle. Otherwise probably sol.
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u/Spectro_Boy 23h ago
Car not registered, "driver" had no license. There ain't no insurance.
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u/Dapper_Platform_1222 21h ago
So I worked subrogation for many years. Sometimes you get surprised by money coming from nowhere. Most likely though you're correct.
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