PrivacyFence damaged when neighbor cut down tree

[WendyMM]

What is the name of your state?Indiana
Hi
I have a fully privacy fenced backyard and the fence has been up for over 5 years, aging to a nice gray green which is visually appealing. Last weekend my neighbor, in an attempt to cut down a tree in his backyard, damaged about six of the eight foot sections of fence. At first he volunteerted to fix it himself, but I said I'd like a few estimates from fence companies. I also called my homeowner's insurance. The answer I keep hearing is, that if the act is covered at all, they will only replace the parts of the fence that are damaged. This would be fine except that this will leave the fence looking not visually appealing, since there will be multiple colors of lumber visible. This I think will impact the visual appeal of the back yard (which is one of the best features of the house) and I plan to put the house on the market next year. I am not happy with what I am being told and am wondering if there is any legal remedy available in a situation like this. My feeling is that, if the look of the fence is going to be substantially different after the repair has been made, then I think the entire fence should be replaced, to restore my property to it's previous condition. This is a treated, six foot high, dog eared weathered wooden fence enclosing an attractive large back yard area.
thanks
Wendy

 

[tammy8]

I think that the neighbor's company may pay for it due to him being negiliant. However just like if the right side of your car is damaged, the insurance company is not going to pay to have the entire thing painted, this also probably will apply with the fence. You could ask the other company for help in blending in the color but I doubt you will get more than an "Im sorry".

 

[BelizeBreeze]

Thank you for that gripping story. Was there a legal question in there anyplace?

 

[WendyMM]

So there's no chance of being able to sue the homeowner's insurance company for a replacement fence? So that the appearance isn't damaged? And with respect to the car damage example, I have never seen a car repaired by insurance that wasn't subsequently matched to the rest of the car, leaving one, uniform appearance. Belize, thanks for not replying any more, since I find no value in your comment.

 

[panzertanker]

So there's no chance of being able to sue the homeowner's insurance company for a replacement fence? So that the appearance isn't damaged? And with respect to the car damage example, I have never seen a car repaired by insurance that wasn't subsequently matched to the rest of the car, leaving one, uniform appearance. Belize, thanks for not replying any more, since I find no value in your comment.

They are only required to "make you whole". That means you get your fence fixed, not "blended in an appealing color b/c I like it very much".

Get over it.