If I don't agree near lay waste to estimate, what should I do?
I accidentally damaged my neighbor's patio. About six shrubs were diluted.
The homeoweners has insurance for his home, and the insurance company estimated that it would cost $700 to restore the courtyard (including $500 of labor cost). But his insurance plan is $1,000 deductible, so he won't get money from them. He requirements me to pay the money.
The estimate exceeded my guess, so I call a couple of landscape companies, and their estimates be different. It would take smaller quantity labor, so total costs would be about $350.
I asked the homeowner if I can choose a landscaper to do the work, but he be not happy in the order of that. I believe that he plan to do the work himself to save money. Price of shrubs won't exceed $150.
Should I a moment ago give $700 to him? Or would I be better stale if I go to court? Would I call for a lawyer for this manner of matter?
Thank you for your attention.
p.s. I live contained by New York state.
Answers:
Your homeowners policy would cover this under the liablity cubicle. You probably have a small deductible beneath that part, I'm guessing $250 (most individuals do). I'd go that route because they will own it done.
You'll save yourself the difference, especially if you found a landscaper to do it for $350. Your insurance would payment over your deductible to the landscaper
Don't let your neighbor whip no for an answer or expect to get rewarded. Also, if you pay him contained by cash, beside no receipt, you'll seize no guarantee he'll even replace the shrubs.
if you can prove that your estimates are cheaper then his after let him hold you to court. in most cases they single award the lowest estimate for damage cases. and no, you would winding up up in small claims court where on earth you would defend yourself. simply tell the truth and hold evidence.
I would talk next to him and say.Jimmy, I want your patio 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 hold, if you want me to pay for it...no problem but I don't cogitate it's fair for you to own me pay the superlative cost. I'll hire these guys to fix it for you or pay you the topmost price between these 2 estimates I have.
If he get hostile or is still a butthead about it.dispatch him a certified letter beside a check for the highest of your two estimates. If he take you to court, you will win at that price because you will have proof that you tried surrounded by honest and good creed to pay for your responsibility.
You don't necessitate a lawyer for small claims, it's a pretty straight forward process.
Good luck near the greedy neighbor eh.
Mike
I'm a landscape architect so I can assure you that most of the time you can expect labor for installation to be nearly equal to the cost of the shrubs. There would be additonal labor charges obviously if the worn out shrubs needed to be removed. He's your neighbor and he's rightly upset that you damaged his patio, but you shouldn't have to recompense 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 almost the quality of work. Explain to him that you are sorry for the twist of fate and you are absolutely going to remuneration 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 economically as your pocketbook.
First of all I would NOT paw him cash. He could lift the money, hire a cheap outfit (or his nephew!) and pocket the difference. IF you pay, you're going to wage 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 "unintended damage" is such that you could be held legally liable for it.
Thirdly, if it WAS his insurance company paying, they would take-home pay for the CHEAPEST estimate, not the highest one. So don't be aware of obligated to fly in some fancy outfit from Hollywood.
So, if it be me, I'd tell him, hey, sorry, I'll compensate (lowest estimate) just close to your insurance company would have, but single if you hold me harmless for adjectives further damages, and sign off on this form. jBecause otherwise, he can come put a bet on to you next year looking for more.
And, you paying ANYTHING is more than he'll gain anywhere else. You *might* want to make the set aside in writing, certified, return reception, because if he sues you over it, you're going to need to prove that you tried to settle it pretty.
How did you damage his property? If it be with an automobile, your liability should money. If it was some other money, check to see if your homeowners would pay beneath liability. If you don't want to put in a claim on any of your policies, I would see if you can't negotiate, maybe offering partly the difference between the highest and lowest estimate. Remember, you hold to live next to your neighbor, sometimes its best to bite the bullet so in that are no hard atmosphere.
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 combat with a neighbor -- you'll hold to go one living beside him regardless!
If you walk to court, stick to small claims court. You can represent yourself, and you won't have the cost of a advocate -- which might even exceed the cost of the settlement!