A car ran into our front yard, the driver claimed in the police report that she fell asleep on the steering wheel (this happened at 2pm). The car was totaled and did damage to our: lawn, fences on each side, mail box, concrete planter on one side, and major damage to a brick planter containing a mature tree (30 years old), the tree was also damaged.
We are told that the tree is hearty and will survive, but bark was removed by the impact of the car permanently damaging, scaring and deforming the tree. New growth on the tree will never cover this damage. No growth will ever take place over the areas where the bark was removed by the impact of the car.
I hired an arborist who placed a dollar amount on the loss of value of the due to the permanent scaring and deformity of the tree. The insurance company refuses to pay any amount for the damage for loss of value for the tree, (they are willing to pay only for the cost of trimming the transition area between the remaining bark and the exposed (bear) wood. The insurance company is willing to pay for the other damages (fencing, lawn area and repair the brick planter), but NOT for loss of value of the tree. We also had to replace (not repair) the entire brick planter with my own money because the repair job would not match the existing part.
Is it unreasonable for wanting money for the permanent visual damage to a mature tree located directly in front of my front door?
Before I contact AAA Auto insurance company, I need to know the most effective / best way to demand a settlement amount for the permanent damage / scaring to the tree. What things can I say or write to the insurance company?
What are my options before I file in small claims court?
Also who do I file against in small claims court? Is it both the driver, owner of the car, and insurance company or who?
2006-07-21
19:04:36
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11 answers
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asked by
Anonymous