I had a tree trimmer remove three trees on my property. In the process of removing one of them, they dropped a piece on my garage causing approx $2,500 in damage. My insurance company has paid to repair the damage (they wrote me a check) minus my deductible of $1000. I owe $1248 for the job, can I pay the company $248 to cover the difference?
Real Estate Attorney
Yes. Actually, you could bring an action against the trimmers for the entire damage, but then you would have to turn over all but $1000 to the insurance company.
Construction / Development Lawyer
Yes. Before you withhold anything, contact the tree trimming company, explain what you are doing, and try and get them to agree. If they won't agree, then send them a letter explaining the deduction with a check for the balance. That might not stop them from suing you, but will help set up a good defense.