Legal Question in Civil Litigation in Massachusetts

Re: Damaged Fence

You can file a claim with your homeowner's policy. If you have a waiver of deductable, they will collect from the other company. Another option, if the damages are under $2,000.00 is to sue in small claims court.

Re: Damaged Fence

Your options include:

1) If criminal charges were filed, deliver an estimate or bill for repairs to the police to be collected as restitution;

2) File a claim with your homeowner's insurence and let them collect from the neighbor's insurer;

3) File a suit in small claims court (if under $2,000)or through an attorney if over $2,000 or his insurer unreasonably fails to pay in a reasonable fashion which may entitle you to multiple damages and attorney's fees against the insurer for unfair settlement practices.

Good Luck!

Re: Damaged Fence

Dealing with an insurance company and expecting a fair settlement is like negotiating with aterrorist and hoping for world peace... it ain't gonna happen.

Get an estimate for the repair or just hire someone to do it. If you let "their" assessor come out, they will offer you the "discounted value" of the fence section that was destroyed, and not the actual cost of repair.

If the insurance company will not pay the full (dollar for dollar) cost of the repair, then sue your neighbor in either small claims court or district court (depending on the dollar amount). The insurance compnay will likely have to defend and indemnify your neighbor (meaning they will have to hire an attorney for him and pay any judgment) and will have to decide if it is worth the money to try and avoid paying the bill that they must pay.