Who should I sue for tree damage to my shed in Virginia?

Question

I live in Virginia, and this past November, the owner of the property behind my house hired a man to cut some trees. I suspect the man was acting as a handyman rather than a business owner. One of the sections of a tree, about 12 feet long, rolled down the hill and hit my shed, causing $2,500 in damages. My insurance covered the repairs, and I paid a $1,600 deductible. We've contacted the property owner, who spoke with me, but I haven't been reimbursed in months. Large logs still threaten my shed, preventing me from using it for storage. If I need to sue, should I pursue the property owner or the individual who cut down the trees? I have documentation of the damages and repair costs.

Richard Sternberg · Answer

You can sue both, but you lack privity with the contractor, and while privity should not be required in a tort suit, it might be successfully asserted as a defense. Your clearer claim is against your neighbor for negligence and trespass, but he may seek to defend by joining or confusing the issue of negligence by the contractor, so you should sue both. You should check wither you subrogated your claim to your insurer when you accepted their check. Perhaps they will bring the case, though that seems unlikely for these amounts. If you collect, your insurance policy might require you to reimburse them first unless they waive that.

Amy McMullen Harber · Answer

Your insurance company has likely assigned your claim to a subrogation adjuster or attorney to try to collect their costs & your deductible from the responsible party. The first thing I would do is reach out to your carrier to find out the status of the subrogation process as it can take many months and sometimes years. If the carrier is unsuccessful with subrogation, you should find out why before taking any action. If you ultimately need to file your own suit to recoup expenses, you can file against both parties. There's a 5y statute of limitations for property damage in Va., so you likely have some time.

Q: Who should I sue for tree damage to my shed in Virginia?