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YOUJIN K | If I don't agree with damage estimate, what should I do? |
I accidentally damaged my neighbor's yard. About six shrubs were damaged.
The homeoweners has insurance for his home, and the insurance company estimated that it would cost $700 to restore the yard (including $500 of labor cost). But his insurance plan is $1,000 deductible, so he won't get money from them. He wants me to pay the money.
The estimate exceeded my guess, so I called a couple of landscape companies, and their estimates were different. It would take less labor, so total costs would be about $350.
I asked the homeowner if I can choose a landscaper to do the work, but he was not happy about that. I believe that he plan to do the work himself to save money. Price of shrubs won't exceed $150.
Should I just give $700 to him? Or would I be better off if I go to court? Would I need a lawyer for this kind of matter?
Thank you for your attention.
p.s. I live in New York state. |
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mbrcatz
|
First of all I would NOT hand him cash. He could take the money, hire a cheap outfit (or his nephew!) and pocket the difference. IF you pay, you're going to pay the contractor directly, AND YOU are the one keeping the receipt, not him. YOU are the client here.
Second, I would check and see if your "accidental damage" is such that you could be held legally liable for it.
Thirdly, if it WAS his insurance company paying, they would pay for the CHEAPEST estimate, not the highest one. So don't feel obligated to fly in some fancy outfit from Hollywood.
So, if it were me, I'd tell him, hey, sorry, I'll pay (lowest estimate) just like your insurance company would have, but only if you hold me harmless for all further damages, and sign off on this form. jBecause otherwise, he can come back to you next year looking for more.
And, you paying ANYTHING is more than he'll get anywhere else. You *might* want to make the offer in writing, certified, return receipt, because if he sues you over it, you're going to need to prove that you tried to settle it fairly. |
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MN-Mike
 |
I would talk with him and say.....Jimmy, I want your yard fixed right but I don't want to be ripped off by a contractor. Here are 2 estimates that are cheaper than the one you have, if you want me to pay for it...no problem but I don't think it's fair for you to have me pay the highest cost. I'll hire these guys to fix it for you or pay you the highest price between these 2 estimates I have.
If he gets hostile or is still a butthead about it.....send him a certified letter with a check for the highest of your two estimates. If he takes you to court, you will win at that price because you will have proof that you tried in honest and good faith to pay for your responsibility.
You don't need a lawyer for small claims, it's a pretty straight forward process.
Good luck with the greedy neighbor eh.
Mike |
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mei-lin
 |
How did you damage his property? If it was with an automobile, your liability should pay. If it was some other means, check to see if your homeowners would pay under liability. If you don't want to put in a claim on either of your policies, I would see if you can't negotiate, maybe offering half the difference between the highest and lowest estimate. Remember, you have to live next to your neighbor, sometimes its best to bite the bullet so there are no hard feelings. |
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george 2
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if you can prove that your estimates are cheaper then his then let him take you to court. in most cases they only award the lowest estimate for damage cases. and no, you would end up in small claims court where you would defend yourself. just tell the truth and have evidence. |
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bluestem0916
|
I'm a landscape architect so I can assure you that most of the time you can expect labor for installation to be about equal to the cost of the shrubs. There would be additonal labor charges obviously if the damaged shrubs needed to be removed. He's your neighbor and he's rightly upset that you damaged his yard, but you shouldn't have to pay more than reasonable costs for repair.
My guess is that outside of wanting to pocket the money by doing the work himself, he may be worried about the quality of work. Explain to him that you are sorry for the accident and you are absolutely going to pay for the replacement. Assure him that if the plants die, they will be replaced at no cost (this should be warrantied by the contractor.) Hopefully that will put his mind at ease as well as your pocketbook. |
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habsburg
 |
Your homeowners policy would cover this under the liablity section. You probably have a small deductible under that part, I'm guessing $250 (most people do). I'd go that route because they will have it done.
You'll save yourself the difference, especially if you found a landscaper to do it for $350. Your insurance would pay over your deductible to the landscaper
Don't let your neighbor take no for an answer or expect to get paid. Also, if you pay him in cash, with no receipt, you'll get no guarantee he'll even replace the shrubs. |
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MoniqueLise
 |
I'd try to negotiate with him. Perhaps even cut the difference between his estimate and yours. It's not worth a big, drawn-out battle with a neighbor -- you'll have to go one living beside him regardless!
If you go to court, stick to small claims court. You can represent yourself, and you won't have the cost of a lawyer -- which might even exceed the cost of the settlement! |
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