Thursday, August 28, 2008

Someone destroyed a tree outside my home. I can't get their insurance company to respond or pay my claim. -

This insurance company, American Freedom Insurance, out of Illinois, is not responding to my claim. Although they are not my insurance company, their insured client damaged my property. How do I get my money? You sue their client. Depending on what happened, there's likely no coverage, anyway, under the policy. You don't say what happened, so it's hard to know. Their insurance company has NO obligation to ACCEPT a claim from you. So there's no surprise there. You're going to have to sue the person who destroyed your tree. Take them on Judge Judy. Dont harass them at all. Just be polite, but you have to sue them. They have no obligation to respond to you. You will have to sue the person that did the damage directly. First it depends on the context in which the tree was damaged...was it an accident, an angry neighbor who didn't like the tree hanging in their yard, vandalism...etc. Next, if it IS a claim for the insurance company (and you could call your insurance company for clarification of whether it is a possible claim), make sure you file a police report. Next contact the person who destroyed the tree and have them contact their company, sometimes they will respond faster if they are contacted by their insured (since they need to talk to the person anyways). If it's not an insurable claim, talk to the person and see if you can negotiate a settlement. If not, THEN go to small claims court. Whatever you do, make SURE you keep a running log of who you talk to/left messages for and when you made contact. Also communicate in writing whenever possible so you have a very good paper trail. Hope this helps! First, insurance companies have an insanely long time to review your claim. I asked the board of insurance in Virginia the same question about a car claim--they told me the company has sixty days just to acknowledge my claim (they don't have to actually do anything in sixty days, they just have to say--yeah, we got that, we're working on it.) You want to keep battling with the insurance company. If they act like they don't need to deal with you, threaten to sue their client (but don't pull this card out too early--do it when they will be convinced that whatever they just told you is the 'last straw' that would make you go to all that trouble). You could also call the guy who destroyed the tree and get him to bug his insurance company for you. In this situation, the only thing you can hold over the insurance company's head is that you could sue, and it could cost them more than just a tree if you sue. Turn in the claim to your insurance company - tell them the other insurance company isn't responding. Your company might pay the claim, then they will go after the other guy Take your neighbor to civil court...they will make him pay your court costs and make him pay your damages. You must prove your case so keep all records re:his ins co., his phone calls or letters etc. Be prepared to WIN! Good luck sorry so have such a sorry neighbor...don't accept it! The courts will take you more seriously if you go through the system....those TV Courts though bonding..makes it look like you're trying just to get on T.V. I have no idea why you are going to their insurance firm. sue the other person in small claims court. AND make sure that you file a police report. Take them to small claims court or call Judge Judy. She once had similar tree-destroying-neighbor case.

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