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My Tree Workers Damaged Neighbors Car

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SheilaRSB

Junior Member
What is the name of your state? NEW JERSEY

I hired a tree company to remove a tree- and they did so without incident. They then returned (unannounced) to finish the job and "grind down the stumps".

My neighbor is now claiming that when the guys ground the stumps, they shattered the sunroof of their new car. (There was dust all over). I apologized and provided the neighbor with my tree company's contact info, as well as a copy of an insurance card I had requested before hiring. As far as I understood- this is between the tree company and my neighbor.

Unfortunately, it turns out the insurance had lapsed and the tree guy is refusing to accept responsibility for what he calls a "bogus claim" (he says there's no way a stump grinding could shatter a sunroof). They are now ignoring calls.

So now my neighbors are hounding me. I've explained to them that, my responsibility was to provide them with the tree company information, and recommend that they bring him to small claims court. But they are saying that I am now responsible since I hired him and want me to compensate them.

I explained to the neighbor that as I did not work on the tree myself, any tree damage is not my responsibility- but in fact their own car insurance will cover it. They keep hounding me every night knocking on my door saying that the tree company's lack of insurance now becomes my liability. I explained that insurance is for the company's protection- but the lackthereof does not imply immunity. If that's the case NOBODY would have insurance.

All of my peers have been telling me that I am not liable and that this is why people have car insurance. But the neighbors are saying they will take me to court at least for their $500 deductible and rental car fees as it's my ultimate liability. (My tree, my workers). But I dont see it that way. (I offered them $200 as a gift- but they refuse- they want me liable)

Am I mistaken?

Thanks in advance for your help- Im so discouraged….
 


BL

Senior Member
And IF they keep coming on your property to keep hounding you , kindly request they not anymore , and to do what they think is necessary .

If they don't stop hounding you , then call the police .
 

SheilaRSB

Junior Member
Thank you for your response. I was told that under the legal doctrine of "agency" I can be liable.... what's that?
 

You Are Guilty

Senior Member
Thank you for your response. I was told that under the legal doctrine of "agency" I can be liable.... what's that?
Sounds like your neighbors think they have a claim under "respondeat superior" (google it). My opinion is they don't - it doesn't apply to independent contractors, which your tree removal guy appears to be.

The only other cause of action against you could be for "negligent hiring", but that's a tough claim to prove, and one they're probably not even aware of.
 

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