Re: [A/S] tree damage

[tinhutjohn <sargeant@xxxxxx>]

As an adjuster for 35 years and just weeks off retirement, might I offer
some comments:

As far as the neighbour's tree and his ownership of it is concerned.
What the court has held in the past is that to be legally liable for
your damage, the owner of the tree must have ignored obvious signs of
decay, disease or unusual configuration. He has to have failed to take
measures to prevent damage due to the obvious condition of the tree. If
the inside was rotten and that couldn't be observed from an outside
inspection of the tree, then he'd not be liable. Also trees being ripped
apart by wind, ice etc, that are otherwise healthy, makes Mother Nature
the culprit and not the tree owner.

As far as repairs are concerned, use your own comprehensive or own
damage coverage on the trailer. Your insurer, will examine the tree and
see if they feel it makes the owner liable. They would then persue the
owner and his insurer.

So many of the comments regarding repairs are very true. You need
someone to convince your insurer of the worth of repairs vs a "write
off". A set of values from various sources as to the value of your
particualar trailer is essential. See what your insurer comes up with,
and then see how it compares to your research before settling on a value
for your trailer. Most states and provinces have rules about how the
value of an item can be set. If your insurer suggests a figure you don't
think is fair, due to your research, you can ask that they consider your
knowledgable research and if they still don't come up with a figure you
can ask that a second appraisal be obtained and that the appraisers
discuss value. You can, in some jurisdictions, ask for an umpire to
decide value. If you still can't agree, usually you have to have a
formal denial of value by the insurer, before the courts will hear a
dispute as to value. If all your research is good, the courts usually
lean toward the plaintiff side versus the insurance co side.

Repairs are simply a financial decision based on the cost of repairs,
plus the anticipated value of salvage totalling less than the value of
the trailer. You can move the decision to the repair side, by agreeing
that you will tow the trailer to a suitable repair facility, do some of
the work yourself, not have portions repaired etc etc.

Hopefully none of this will be necessary because ,as an A/S owner, you
will get a really nice adjuster. <grin>

Counting the days in Ontario
John & Louise Sargeant
WBCCI 5530 74 Ambassador