What is the name of your state? Pennsylvania
Help! The Church next door refuses to pay for their oak tree that has fallen into my backyard. This tree is at least 80-100ft and is laying across my entire backyard. It damaged a few trees on my property and probably the lawn but not my house or garage.
They hired their own contractor to remove the tree b/c they say that he is less expensive than my quotes. The contractor initially sent a worker to start the job. I asked the worker if they were insured and if he knew what i needed removed from the damage. He said I should get details squared away with his boss first. So a couple of days pass and I hear someone cutting the tree. I ask this contractor for his name and he refused to answer me. Then he became belligerent and was shouting in my face. I told him I just wanted to ask him a few questions about the tree removal. Then he told me that he was not going to remove the debris. He was just going to cut the tree at the property line and I would be responsible for it.
I saw his anger escalating so I started to walk away. Then I called the township and they advised me to call the police. The pastor was on vacation and did not answer her cell phone at the time of the incident. I called their church representative a few days prior to get the contractor's name and number and he denied knowing who was hired for the job. So I don't know who I am dealing with.
The contractor told the police officer that he was a parishioner who was doing the church a favor. Therefore he was a volunteer and need to do the job in piece meals and borrow equipment from friends to remove the tree. He never identified himself to me and his relationship with the church. Am I responsible for him if he gets injured cutting the tree on my property and he is not insured?
Long story short, the church told me that I didn't trust them with the tree removal so they were not going to pay for removal. They claim that it is an act of God so they are not liable. Their insurance did refuse a claim for liability b/c the tree fell during a storm and the tree did not appear to be dead. However, their insurance approved a second claim for tree removal b/c the tree was rotted at the roots. Initially, I obtained and submitted tree removal estimates to their insurance company at the church's request. The tree experts say that the tree had visible rotting and was documented on the tree quotes.
The church has already received the payment from the insurance for the removal. This was confirmed with the insurance company. The pastor told me that they didn't receive the whole payment and they would only use what they need to remove their portion (which is nothing..90% of their tree is on my grounds!). They now relinquished all responsibility from removing this tree b/c the police got involved.
So are they legally responsible for the tree removal and damage to my other trees and ground? Do i need to pay for the tree removal before taking them to small claims? Can I sue for damage to my other trees and ground?
Thanks! Please advise!!!
Help! The Church next door refuses to pay for their oak tree that has fallen into my backyard. This tree is at least 80-100ft and is laying across my entire backyard. It damaged a few trees on my property and probably the lawn but not my house or garage.
They hired their own contractor to remove the tree b/c they say that he is less expensive than my quotes. The contractor initially sent a worker to start the job. I asked the worker if they were insured and if he knew what i needed removed from the damage. He said I should get details squared away with his boss first. So a couple of days pass and I hear someone cutting the tree. I ask this contractor for his name and he refused to answer me. Then he became belligerent and was shouting in my face. I told him I just wanted to ask him a few questions about the tree removal. Then he told me that he was not going to remove the debris. He was just going to cut the tree at the property line and I would be responsible for it.
I saw his anger escalating so I started to walk away. Then I called the township and they advised me to call the police. The pastor was on vacation and did not answer her cell phone at the time of the incident. I called their church representative a few days prior to get the contractor's name and number and he denied knowing who was hired for the job. So I don't know who I am dealing with.
The contractor told the police officer that he was a parishioner who was doing the church a favor. Therefore he was a volunteer and need to do the job in piece meals and borrow equipment from friends to remove the tree. He never identified himself to me and his relationship with the church. Am I responsible for him if he gets injured cutting the tree on my property and he is not insured?
Long story short, the church told me that I didn't trust them with the tree removal so they were not going to pay for removal. They claim that it is an act of God so they are not liable. Their insurance did refuse a claim for liability b/c the tree fell during a storm and the tree did not appear to be dead. However, their insurance approved a second claim for tree removal b/c the tree was rotted at the roots. Initially, I obtained and submitted tree removal estimates to their insurance company at the church's request. The tree experts say that the tree had visible rotting and was documented on the tree quotes.
The church has already received the payment from the insurance for the removal. This was confirmed with the insurance company. The pastor told me that they didn't receive the whole payment and they would only use what they need to remove their portion (which is nothing..90% of their tree is on my grounds!). They now relinquished all responsibility from removing this tree b/c the police got involved.
So are they legally responsible for the tree removal and damage to my other trees and ground? Do i need to pay for the tree removal before taking them to small claims? Can I sue for damage to my other trees and ground?
Thanks! Please advise!!!
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