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A tree has to be taken down because of an automobile accident so the question is...

Buffalo, NY |

What will the insurance company pay for? The tree is over 50 years old and has been used for protection for this reason. We do not want to have anyone injured/killed because of this. Since the tree will be taken down we will now have the fear of something terrible happening. It will take another 50 years or so for another tree to build that streng;th. Can we insist that the insurance company pay for some other barrier? Does anyone have any suggestions?

Attorney Answers 7


  1. The driver's insurance should have at least 10k in property damage coverage. I would ask the driver's insurance company what the limits of the insurance are for property damage and then you can better evaluate how to proceed.

    Ryan Finn * 518.213.0115 * Rfinn@hackermurphy.com * Referrals are the highest form of compliment


  2. You have alot going on here. You should speak to a local attorney as these sorts of things vary on a state by state basis. It also depends on what kind of insurance you carry and what carrier you are with. Best of Luck.

    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  3. Your question is unclear. What the policy limits of an insurance policy, yours or the drivers are for property damage is one thing. Replacing a tree is another. Generally speaking, a replaced tree need not be a sapling, but it can still be only a modest size with a rootball capable of being moved with modern landscaping equipment, like Vermeer planters.

    If you're using this tree for "protection" from motor vehicles encroaching on your property, you may want to consider other features, such as guard rails, earthen berms, curbs or the like. The insurance company and attorneys and adjusters looking at liability issues will probably not consider the engineering or even aesthetic value of a tree, unless the falling tree damaged other property or requires to be cut up and removed.

    Hope this helps.

    This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely solely upon Legal Information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at http://www.avvo.com/support/terms . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of New York and Federal Courts. Any general information I provide about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1) also require me to inform you that my answers and attorney profile posted on the Avvo.com site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".


  4. More likely than not, the insurance carrier (whether your own property insurer or the carrier for the vehicle that struck the tree) will only cover the cost of removal of the old tree and , at best, the cost for planting a sapling or young tree. You should not expect that the carrier will pay for some other "barrier".


  5. From what you wrote I presume an automobile hit the tree. The at fault driver's insurance company should pay for the tree or other barrier from property damage liability coverage. Bear in mind, this may be pro-rated with any vehicle(s) in the accident they damaged also.


  6. If the tree was on your property then you have a potential claim for the damages reasonably calculated from the happening of the accident. Obviously you won't be able to drop in an equivalent tree, so you will need to have an evaluation done of the damage and what it would cost to return the area to as similar a situation as before the accident. You should consult with an attorney to help guide you through negotiations with the insurance company.


  7. The at fault drivers insurance carrier should cover.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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