Neighbor's root has damaged my driveway and garage

[daviddavari]

What is the name of your state? california

I've been living next to my neighbor for the last 18 years without any incidents. The center of my driveway caved in and the center of my garage slab bumped up where they meet (oposit direction from each other). I never thought it might be the result of a tree root until I hired a contractor to remove the old concrete of both the driveway and garage and replace them with a new one. When he removed the concretes, we saw a root about 10" thick under my driveway and garage concrete. I took several photos and videos and I can prove it. I called the neighbor and he apologized and the next morning he cut the tree. I paid $5000 to the contractor for the whole job. My insurance company didn't accept my claim, his insurance company also rejected my claim and I need to know if I have a case to take him to Small Claims Court to get my money back.
Thanks.

 

[Grandma's house]

You do...however is it really worth it? You have been GOOD neighbors for 18 yrs. However, the fact that he DID try to place a claim with his insurance co. for you IS admittance for HIS responsibility.

Do you have any idea how hard it is to live next door to someone once you do something like this? Peace is priceless.

Try talking him into going halfsies? Does he not make an offer of "something"? Since he did afterall try to get the ins. co. to pay you?

What kind of tree did this? I have a really pretty elm tree that "just showed up". A baby.
It is very close to my house. My husband is telling me it has to come out because the roots do this sort of thing. We are debating this. That means in our house...it isn't going anywhere till I say so.

Weeping willows I know for certain.

Again...you are opening a whole UGLY can of worms when you sue a neighbor.