Understanding Your Protections After Tree Damage
When a tree emergency damages your property, it can be a stressful and overwhelming experience. As a homeowner, it’s important to understand your rights and the coverage options available to you to ensure you’re properly protected and can recover as smoothly as possible. Down to Earth Tree Service is here to help you navigate the complexities of tree damage emergencies with expert advice and reliable services.
What Rights Do I Have as the Insured?
Right to Choose the Contractor
- You (the insured) can choose any licensed contractor you want to perform emergency tree removal.
- The insurance carrier cannot force you to use “their vendor” or a cheaper company if you’re not comfortable.
- If they recommend someone, it’s just that—a recommendation, not a requirement.
Right to Reasonable & Necessary Emergency Work
If a tree falls on your home, driveway, or structure, the insurance policy typically covers reasonable and necessary costs to remove the immediate hazard.
That includes:
- Tree removal from the structure (crane, rigging, labor, and night work if urgent).
- Mitigation to prevent further damage.
- The carrier cannot deny legitimate emergency rates just because they are higher than non-emergency prices.
Right to Have the Contractor Work Directly With the Carrier
- Companies like Down To Earth Tree Service bill directly to the insurance carrier.
- This means you don’t have to pay upfront and then wait for reimbursement.
- You also have the right to not be stuck in the middle of technical arguments about rates and invoicing—the contractor can handle that.
Right to Full Policy Benefits
- Your insurer owes you the full cost of covered emergency services, not just a portion.
- They must pay what it reasonably takes to mitigate the loss—even if it’s more than what they “estimate” in Xactimate or with comparables.
- If there’s a dispute, you have the right to appeal or provide contractor documentation.
Right to Fair Claims Handling
- By law, carriers must handle claims fairly, promptly, and in good faith.
- They cannot delay payment unreasonably, undervalue the emergency service, or pressure you into using a low-bid provider.
- If they do, you have the right to escalate (state insurance department, appraisals, or legal remedies if necessary).
Right to Contractor Advocacy
- A reputable contractor (like Down To Earth) can negotiate directly with adjusters on your behalf.
- You have the right to let them explain why cranes, emergency rates, or minimum charges were necessary, so you’re not left arguing with your insurer alone.
What Lies Will the Adjuster Tell You to Try to Get the Job Done Cheaper?
1. “You have to use our vendor.”
Truth: You do not. You have the legal right to choose your own contractor.
They may say, “Our vendor will do it cheaper” to pressure you into waiting, but in an emergency that delay can cause more damage (which is also covered).
2. “We don’t cover crane work.”
Truth: If a crane is reasonably necessary to remove the tree safely, the carrier must cover it.
They may try to argue it’s “heavy equipment” that isn’t needed—but if your contractor documents why it was required (size, weight, safety, access), it is reimbursable.
3. “This isn’t an emergency—wait until normal hours.”
Truth: If a tree is on a house, blocking access, or creating a hazard, it is an emergency.
Policies require carriers to cover reasonable and necessary emergency mitigation, including after-hours or night work.
Delaying until “normal hours” can worsen the loss, and that’s not your responsibility.
4. “We only pay Xactimate rates.”
Truth: Xactimate does not include emergency rates, and it is only an estimating tool—not a limit on what’s owed.
Courts have consistently upheld that insurers must pay the reasonable and necessary cost, not just what their software spits out.
5. “We only pay to cut the tree, not haul it away.”
Truth: If debris removal is necessary to access the structure or mitigate damage, it is covered.
They sometimes split hairs by saying, “We cover removal of the house, not hauling/debris”—but your policy covers mitigation and cleanup as part of the emergency service.
6. “We don’t cover minimums.”
Truth: Emergency contractors charge minimum mobilization fees to cover crew, equipment, and response—especially after hours.
These are standard in the industry and legitimately owed under the policy as part of “reasonable costs.”
7. “We’ll need multiple estimates before you can proceed.”
Truth: In an emergency, you do not need to wait for multiple bids.
Your job as the insured is simply to prevent further damage quickly. Waiting can increase losses, which insurers are actually on the hook for.
8. “We can’t pay until the adjuster inspects first.”
Truth: Emergencies don’t wait for inspections.
Your policy requires you to act to prevent further loss, and insurers must pay for that mitigation, even if the adjuster wasn’t there to watch. Photos and documentation from your contractor are sufficient.
Contact Us Today
Protecting your home and exercising your rights during a tree damage emergency is crucial for your safety and peace of mind. Reach out to Down to Earth Tree Service for prompt, expert support and reliable tree removal services tailored to your situation. Call 651-350-9068.