Insurance job - Insurance only paying for work in the owners garden. Potential issues?

[Jon Heuch]

18 hours ago, William Clifford said:

As others have said, don't waste your time in becoming an arbiter, conciliator, broker or simply stuck-in-the-middle Charlie. Let the neighbours sort it out themselves.

But be aware of insurance complications: do both have the necessary insurance? Nice to check, but both may be insured by the same company (but don't think that makes life easier, it may make it more complicated as two separate claims do not get amalgamated into one. The big picture is not always seen). "Having insurance" is not good enough - is the insurance both have adequate to cover the cost of removal? This is not a matter you have a chance of clarifiying, as it will be buried in the insurance particulars of each party (if they have the appropriate insurance: it is the contents insurance of the tree owner (you are reading correctly) that is likely to cover the "negligence" issue of tree failure; it is the house insurance that may or may not cover the garden that may cover the cost of removal of the tree from his own garden. Similarly, for the neighbour, they may think they have "insurance" but it may not cover the specific risk of the tree falling from the neighbour.

Thus, quote for what you think you can professionally undertake with appropriate caveats for access/permission and make sure you know who your client is. I would always add a bit if you are being asked to invoice an insurance company & you haven't a clear statement of approval to you from them. Payment terms are unlikely to be your own and 30-60 days may be all that can be practically achieved.

 

[daltontrees]

25 minutes ago, openspaceman said:

Yes mine too

I'm not so sure about good paying it out, because they know the contract and the law they use that knowledge to limit the amount of any claim, especially in regard to "betterment".

I meant to say 'better at NOT paying it out". Post now edited to that effect. They're really expert at not paying out.

[Steven P]

10 hours ago, daltontrees said:

But does 'in your view' mean that's your interpretation of the law or that's morally the right thing to do?

 

The right thing to do - I'm not a legal expert

 

 

Client / Customer - different line of work to you, but yes understand the distinction.

Edited January 17, 2023 by Steven P

[peatff]

Property insurance doesn't work like car insurance, you can only claim for damage to your own property so the three injured parties will all need to make their own arrangements. Let them contact their insurance companies before you start to do anything or you might end up as part of one of their claims if anything goes wrong.

[William Clifford]

Thanks for the replies everyone. Helpful comments there. Will be going back to the insurance company and explaining to them why I wouldn't tackle only the owners garden and will wait to see if I get the go-ahead for the whole lot. Either from the insurance company or from the owner if he has to put it all together between the parties involved. We shall see what happens...

 

On 16/01/2023 at 19:02, daltontrees said:

 

And don't call him a client, 'customer' is the approriate term that avoids expectations of professional advice.

 

 

I'm glad you included this Jules. When I was studying our lecturer drummed it into us that we should refer to 'them' as clients, not customers. I've had an inkling of the difference but never stopped to think about it. I may also have been told the difference when he was drumming it into us but there was a lot to take in in those days. Interesting and could be in a position where that makes a big difference. Thanks!

[William Clifford]

An update and a question - 

 

Completed the work, invoiced, was still asked to invoice separately despite the agreement being with the tree-owner, but invoicing hopefully working out as the 2 main parties have paid.

 

Question is... the neighbour who has suffered the loss of their office garden has asked me my opinion of why the tree came down. Their insurance company is looking into it, I would have thought to try and reclaim costs from the tree owners insurance company. Again, I want to be helpful but at the same time don't really want to be drawn into being in the middle between insurance companies. What might be the repercussions me of emailing my opinion to the neighbour (they have paid part of the invoice direct to me even though my contract was with the tree owner). At the end of the day, I have done what I was asked to do but would like to help if it doesn't open a can of worms for myself and all involved?

 

A bit vague with information for the question, but I'd better not put my opinion of why the tree came down on a public forum.

 

Thanks.

[Steven P]

Tricky - regardless if this is a tree question or not,

Your customer has employed you to do a job - which you did well and professionally.

Neighbour of customer wants to submit a claim on the customer - whose insurance will (probably) cover this

And the neighbour wants your opinion.

 

Gut feeling is a conflict of interests here! What would your customer say if you asked them by the way?

 

Might be better to state facts rather than offer an opinion "The tree failed here and here, fell here, broke this"

 

As for who pays the bill, would it matter if the customers granny paid the bill with regards to who your contract is with?

[openspaceman]

50 minutes ago, Steven P said:

Gut feeling is a conflict of interests here!

+1

[William Clifford]

Good advice there I think Steven. I would have said conflict of interests for sure, but thought well, the neighbour who is asking has paid for the removal of the tree in their garden through their insurance company.

 

In brief, the tree owners insurance would only pay for removal from their own garden. Now that doesn't (shouldn't!) matter to me so much as the contract was with the tree owner for the whole tree over 3 gardens. The 2 neighbours gave me permission to remove the tree from their garden. I sent a quote with a requested cost divide between each of the 3 properties as the insurance companies wanted to know,  but that my contract will be only with the one person (tree owner). Job is completed, I'm asked to invoice 3 gardens separately. Not the agreement, but I just sent copies of quote with the suggested cost divide and the final total invoice as it seemed the neighbour would struggle to get the payout without it. The neighbour has paid me direct (all the neighbours have been very good), so yes, I guess I am blurring the lines of who my customer is in my mind!

[daltontrees]

Don't give an opinion on why the tree blew down. Don't! Curtail your instinct to be helpful, it can only end badly.