My neighbor hired this lawn service to cut down a tree that is in between our houses. Part of the tree fell on my house, which is for sale. I contacted the owner, and they have done nothing. They said they do not have insurance. I have since had my home fixed, and would like my $750.00 deductible back, plus any other moneys I may be entitled to since I could not show my home for 3 days to sell.
I had to file this on my insurance, which will cause my my premiums to go up. I had a $750 deductible I had to pay. My house is for sale, and I have a contract on another home contingent on selling my house by May 31, 2003. I lost 3 days worth of showing my home while repairs were being done. I have pics of the damage along with the license plate from their company truck.
Frank can sue the other homeowner and/or the lawn service in Small Claims Court for the amount of the deductible but he cannot claim any imaginary loss for not selling his house. It's far from certain he will collect anything unless he can prove the lawn service was negligent.
