A tree removal company dropped a crane on my house — and now they want me to pay for the damages. Who is legally responsible?
‘That is so asinine it’s laughable’: A tree removal company dropped a crane on my house — and now they want me to pay for the damages. Who is legally responsible?
There may come a point when you need to hire a contractor to do work on your home or property, whether it’s removing trees, installing a fence, or leveling out your backyard. Ideally, the company in question will know what it’s doing and take steps to avoid damaging your property. But sometimes, accidents happen.
Such was the case for a Gainesville investment property owner named Gina who turned to Dave Ramsey for advice when a tree removal company dropped a crane on her investment home.
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Not only did the company not offer to pay for the damage it caused, but it had the gall to ask the homeowner to pay for its services.
Unfortunately, this sort of thing isn’t an isolated incident. Accidents can occur in a variety of settings. So it’s important to know what to do in this situation.
Reach out to your insurer
Any time your house sustains damage, your first move should be to contact your insurer to see what steps to take. In a situation like this, it’s less clear whether your home insurance company should be picking up the tab for the damage.
It’s one thing for a tree to fall on your property during a storm and cause damage. In that situation, your only recourse is generally to file a claim with your home insurance company — even if the tree came from someone else’s property. Similarly, in the above example, had a storm randomly blown through that caused the crane to fall, the contractor could potentially claim that it’s not liable because an act of nature caused the damage.
However, property damage that results from negligence or a mistake is a different story. In that case, you’re most likely looking at filing a claim against your contractor’s insurance or, if need be, filing a lawsuit.
It’s best to loop your insurer in, though. They’re likely to come out, assess the damage, and advise you further from there.
Before you do anything else, document the damage yourself. Sometimes, it can take a day or two for a claims adjustor to reach your property. That gives your contractor time to remove their equipment and retell the story in a manner that makes them look innocent. So the more evidence you can collect, the better.
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Contact an attorney to review your rights
Businesses carry insurance so that if they cause damage during their work, you’re not out any money, and neither are they. As an initial step, you should ensure the contractor you use is licensed and insured before hiring them.
However, if the company refuses to own up to the damage or take responsibility for it, don’t hesitate to get a lawyer involved. Whether the damage occurred due to operator error or an equipment malfunction, you should generally be entitled to coverage so you don’t have to pay out of your pocket.
Don’t pay for the work if there’s damage involved
In this situation, what’s ludicrous is that the company that dropped the crane on the home in question still wants to be paid for the work it did. Even Dave Ramsey said, “Just asking for that is so asinine it’s laughable.”
The company argued that they performed the service they were hired to do and that their workers still needed to be paid.
If something similar happens to you, do not hand over a dime. Such was the advice Ramsey gave his distressed caller, and such is common sense. If the company threatens to go after you for the money, tell them to speak to your lawyer — and retain one immediately.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
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