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*%$#^*ing trees.................


mr. cob

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Howdy All,

 

This really doesn't belong here but I just need to vent a bit. We have lived in the same home for the last 27 years, were we live there are MANY trees and as we all know sometimes trees drop limbs. Well my neighbor, there have been 5 different people that have owned the house next to ours in the last 27 years has a HUGE Aspen tree I am guessing its at least 75 and more likely a 100 feet tall, that grows out of the side of a 60* slope, and leans toward the property line, the top half of the tree hangs over the property line and over my yard.

 

Over the years this tree has dropped very large limbs in both yards because of its lean most in my yard. I have tried to work with the various owners over the years to get this tree removed but the cost has been estimated at between 3 and 6,000 dollars because of its size and how it is situated and none of the owners have had the money to deal with it. Anyway I'll cut to the chase, this darn tree dropped a 20 foot long, five inch in diameter branch that punched a hole right through the roof of my toy hauler. My lot is 85 feet wide, my truck and trailer is 68 feet long in order to park our other vehicles and have access to the garage I have to park my rig with the rear of the toy hauler within a foot of the property line.

 

So I am now anticipating a real fight with the insurance company, my neighbor's insurance company ( Farmers ) has already accepted liability but I think they are going to have a stroke when they see the estimate to repair this "Properly". The man who will be doing the work, I trust this guy as he worked on my old toy hauler and performed what could only be described as a miracle in prolonging the life of the pos before I traded it in on the new one. I want and my RV repair man agrees that the entire roof covering should be replaced not just a patch, there is air conditioner duct work and some wiring that is trashed, the brand new never been used mattress of the forward bunk has part of the tree limb sticking out of it, the panels used on the ceiling are not made anymore so the entire ceiling all 18 feet of it has to be replaced. Chuck is still working up the estimate but he threw a number at me that it could come to between 12-18,000 dollars by the time its finished.

 

That and its going to take time as he needs to clear two bays in his huge shop just to get my large trailer into the shop in order to get it worked on. He is now doing the best he can to finish the jobs that are now in those bays so he can make room for my trailer. Do I need to mention that it rains 89 inches a year where I live and we still have 4 more months of the rainy season before we can count on decent weather and that I already have plans made and reservations paid for starting in April and running through out the whole summer. Yup, I am po'ed.

 

IMG_1890-L.jpg

 

IMG_1911-L.jpg

 

Here's a link to the photo gallery with more photos and videos if your interested.

 

https://mr-cob.smugmug.com/Tree-branch-throught-the-roof/

 

Dave

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Dave;

 

Buddy, I do feel for you!That just sucks!

 

Nothing else to say but, Good Luck.

 

Curt

Howdy Curt,

 

I guess what really gets to me is I worked hard to get something nice and now this happens. For years I used old worn out campers and trailers, for years I did side jobs and saved to get something I can be proud of and it gets trashed. If the insurance company ponys up the cash to fix this properly I'll just be a "Happy Camper" but if all they want to do is throw a patch on the roof that will instantly take a minimum of 20 grand off the resale value of my trailer and that I'll fight. Thanks for the good luck wishes I may need them.

 

Dave

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Ouch!! Given what happened over the bed, I suppose the silver lining is that it was at home with no one sleeping there.

Howdy David,

 

Yes, no one got hurt and for that I am thankful. I use the toy hauler as a guest house, if someone had been using that bed it could have been down right deadly.

 

Dave

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If the trailer had a one piece roof, then you should be able to force them to replace it completely. Either that or they replace the whole trailer. Do not settle for anything less. Sometimes it takes the threat of turning it over to lawyers but be prepared to follow thru. Maybe contact your own insurance company and see what they would say.

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If the trailer had a one piece roof, then you should be able to force them to replace it completely. Either that or they replace the whole trailer. Do not settle for anything less. Sometimes it takes the threat of turning it over to lawyers but be prepared to follow thru. Maybe contact your own insurance company and see what they would say.

Howdy Star Dreamer,

 

It came from the factory with a one piece rubber roof and that is what I want when this is fixed, I have experience with "patched" rubber roofs and they have all LEAKED. The other thing I am concerned with is resale value, after the experiences I have had in the past I would NEVER buy an RV with a patched roof and I pity anyone who does. I have already contacted my insurance company "Blue Sky", they treated me VERY well when my truck was run into a year or so ago by an unlicensed, high on something, punk who drove off of the road and into my friends yard only to total his car when he ran into my truck. Blue Sky, told me that if I couldn't work out a deal with Farmers to contact them and they would work it out.

 

Dave

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Are you away for the whole summer or returning from time to time. If returning, could your guy do the repair in bite sized pcs so as not to tie the rig up for a long time? Or tie him up either.

Can you get another firm to do the repairs sooner?

You're not that far from Canada, it would be cheaper for you to have it done here if you can find someone. If a Canadian firm did it for the same price, maybe the insurance firm would be less apt to squawk. Considering the exchange on the dollar.

 

Maybe get an Arborist to limb the tree, cut it back some from your property line. The limbs would be easy work for firewood. If it was done in bite sized pcs it would give him a chance to order parts and be ready for the next bout.

 

Just thinking out loud.

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Are you away for the whole summer or returning from time to time. If returning, could your guy do the repair in bite sized pcs so as not to tie the rig up for a long time? Or tie him up either.

Can you get another firm to do the repairs sooner?

You're not that far from Canada, it would be cheaper for you to have it done here if you can find someone. If a Canadian firm did it for the same price, maybe the insurance firm would be less apt to squawk. Considering the exchange on the dollar.

 

Maybe get an Arborist to limb the tree, cut it back some from your property line. The limbs would be easy work for firewood. If it was done in bite sized pcs it would give him a chance to order parts and be ready for the next bout.

 

Just thinking out loud.

Howdy Roger,

 

I don't need the trailer until April 15th, with a bit of luck it will be finished by then, if I have to I'll give Chuck enough money up front to get started if I have fight with the insurance company.

 

Chuck lives about 10 miles from my home and I trust his work, he has done right by me in the past and I don't want to put my faith in another shop and end up disappointed but do appreciate the advise.

 

If the entire roof is going to be done its something you just have to DO at one time and get it over with, really no way to do it a piece at a time.

 

As to getting someone to trim the tree that's my neighbors responsibility, while the house sat vacant for 3 years before the present owner bought it I had to pay out of my own pocket for a tree trimming service to cut down three trees from that yard that had fallen down and blocked the driveway and hit my smaller enclosed trailer, I had to put a lean on that house in order to be reimbursed when the house was sold. To tell you the truth you really have to see this tree in person to understand how bad it is and how dangerous it will be to whoever eventually has to take it down, the limbs are so huge and rotten they won't support the guy doing the work, three tree trimming firms have looked at this tree and didn't want to take on the job.

 

Dave

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Howdy Roger,

 

I don't need the trailer until April 15th, with a bit of luck it will be finished by then, if I have to I'll give Chuck enough money up front to get started if I have fight with the insurance company.

Dave,

Be careful if you decide to proceed with repair before getting a settlement from your insurance company - I did this once and when they found out I had the repair done it was tough luck for me - claim denied!!!

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It's interesting that the neighbors insurance company accepted liability. Who "owns" overhanging limbs? Don't you have the right to cut them off at the property line? Why didn't you? Do you have a duty to? If you could have, but for your not doing what you could have done, you incurred a loss. Be interesting to see what the laws are in the various states.

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I'm heading back to Victoria after April 23, from the last build in NO. If it's not done or going to be done, I could swing by and do some better than temporary repairs to outside roof and put a decent patch inside. Probably make a temporary duct for front AC as well. ....looks like you may have 2. The rear one may or may not cool front separately.

 

I'm travelling but will keep an eye on the post.

 

Let me know, glad to help if you want.

 

R

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If they elect to repair the roof (or anything else you think will kill the value), tell them you want "dimunition of value". Some states may not allow this, but the principle is that if something is seen to be repaired, NO MATTER HOW GOOD THE REPAIR IS, you have lost value due to perception of a buyer. You can't do this on your own policy, just his. Also note that if the tree was dead and visibly weak, he should have addressed it. I'd push them to total it & give you replacement, they will get excellent salvage return. And don't forget "loss of use", tell them you had a trip scheduled.

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I would make this your ins company's problem.. That's why YOU pay for ins. It's not your job to assess fault - full or partial. Your company should make you whole and you subrogate to your company any claim there may be against the neighbor's company. Then your ins. company can determine if they wish to fight with the other ins. company and if so, for how much. Not your concern. And you can and should insist on the fix being done in a manner that satisfies you. Not sure if your acknowledgement to your neighbors over the span of years that their tree was a potential hazard helps or harms you. It certainly puts your neighbors on notice that there is liability but it also acknowledges that there was knowledge on your part of a hazard and that you did nothing about it. That really doesn't affect YOUR ins. company's OBLIGATION to you to make your property whole. The fight, if there is one, between ins companies, is theirs, not yours and you should care less about the result of that fight. Your policy does not obligate you to fight and compromise with someone else's ins.

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Dave,

Be careful if you decide to proceed with repair before getting a settlement from your insurance company - I did this once and when they found out I had the repair done it was tough luck for me - claim denied!!!

Howdy Skgregg,

 

Thanks for the advise, I never thought of that.

 

Dave

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It's interesting that the neighbors insurance company accepted liability. Who "owns" overhanging limbs? Don't you have the right to cut them off at the property line? Why didn't you? Do you have a duty to? If you could have, but for your not doing what you could have done, you incurred a loss. Be interesting to see what the laws are in the various states.

Howdy DuffMan,

 

Why wouldn't my neighbors insurance accept liability, I made the neighbor aware of the problem when he was looking at the house before he bought it, before they moved in the cut down three other trees that were dropping branches into my yard. Common sense says who ever owns the property the tree is on is responsible for the the tree and whatever damage it may cause. I don't have the right to cut another persons tree limbs, if you look at the photos and videos I posted a link to and read where I stated that three tree trimming service have passed on the job perhaps you would understand why "I" am not going to mess with it.

 

Dave

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I'm heading back to Victoria after April 23, from the last build in NO. If it's not done or going to be done, I could swing by and do some better than temporary repairs to outside roof and put a decent patch inside. Probably make a temporary duct for front AC as well. ....looks like you may have 2. The rear one may or may not cool front separately.

 

I'm travelling but will keep an eye on the post.

 

Let me know, glad to help if you want.

 

R

Howdy Roger,

 

I just now sent the estimate to the neighbors and my insurance companies, darn near 18,000 dollars to install a new roof and repair all the other damage. Thank you very much for your offer of help in this matter it is GREATLY appreciated. With luck my trailer will be repaired before then and I'll be taking it to Moab enjoying the annual Ural rally that takes place each year the last week of April.

 

Dave

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That sucks. I can hear the opposing insurance company; "You knew the tree dropped limbs in your yard, yet you still parked your trailer close enough to be damaged. We will pay only 50% because you purposely parked it where it could be damaged."

Howdy remoandiris,

 

This tree has a history, the neighbor was well aware of it and had been asked to take care of it, if I didn't park my truck and trailer where it is I would have to rent a place to park it, why shouldn't I have FULL use of MY property, why should I have to pay to park my vehicles because of another persons negligence? Common sense tells me that its the neighbors problem and it is only right that his insurance pay for it. That being said, I am sure his insurance company is going to fight me on this even after they have accepted liability because of the cost to do a proper repair; that's why I am keeping my insurance company in the loop and may end up running it through them and letting their lawyers deal with the neighbors insurance company.

 

Dave

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If they elect to repair the roof (or anything else you think will kill the value), tell them you want "dimunition of value". Some states may not allow this, but the principle is that if something is seen to be repaired, NO MATTER HOW GOOD THE REPAIR IS, you have lost value due to perception of a buyer. You can't do this on your own policy, just his. Also note that if the tree was dead and visibly weak, he should have addressed it. I'd push them to total it & give you replacement, they will get excellent salvage return. And don't forget "loss of use", tell them you had a trip scheduled.

Howdy SIBERNUT,

 

That is very good advise, I would have to check and see if my State allows such damage claims and use this as a bargaining chip if nessisary.

 

Dave

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