Street tree branch dented my hood overnight — will 311 do anything or am I just out the deductible?
#1

Wind snapped a decent branch off the street tree outside my place in East Harlem last night and it left a real dent on my hood. Not the end of the world, but enough that I don't want to just ignore it. I got pictures of the limb and the car before the super dragged the branch to the curb. Question for the board: has anyone actually gotten the city to cover something like this? Or is it one of those 'comprehensive insurance only' situations? I can't tell if the branch was dead, but it looks cracked at the break. Do I call 311, the precinct, or both?

#2

Been through the residential version of this out by Forest Park. Cops won't take a crash report if it's not a moving incident. 311 will open a service request for a downed tree limb, maybe, but that's not a claim number. If you think the city knew the tree was bad, you have to prove it. Check if there's already a prior 311 request for that tree. Otherwise your comprehensive deductible is probably the move. And get the branch off the curb before sanitation says it's not a tree emergency.

#3

Wait, I'm new to having a car here. The city doesn't just pay for tree damage from city trees? I thought that was the whole point of 311. So if I park under a tree in Dyker and a limb falls, I just eat it? That seems wild. Did the branch hit anyone? Also how do you look up whether a tree already had a request? Is there a website or do I call the parks department? Sorry if that's a dumb question.

#4

Not a dumb question, I didn't know either. There's a 311 map where you can see service requests, but it's clunky on a phone. I'm going to check my block after coffee. Called 311 first and got a confirmation number for the downed branch, but the operator made it sound like that's just cleanup. I'll ask my insurance agent what comprehensive would actually pay minus deductible. Might be cheaper to pop the dent and live with the crack.

#5

OH this is exactly the kind of thing that drives me crazy! Street tree maintenance is years behind and the city only takes trees seriously AFTER a limb drops!! If that break face shows rot, that's not 'storm damage' — that's a defective tree! Have you tried photographing the end of the broken branch close up before sanitation chips it? Sometimes you can see hollow or dark wood and that changes the whole argument. Also check the 311 map for your block — if someone already reported a dead limb, you've got a much stronger Comptroller claim. Have you tried the Parks forestry line instead of waiting on 311? They sometimes send a forester if there's still a hanger!

#6

I had a similar 'who do I even call' moment last summer when the upstairs window AC was dripping on my fire escape every night — not car damage, but the same city vs. neighbor vs. just live with it loop. There's an earlier thread about it, 'Upstairs window AC drips onto my fire escape every night — can I ask 4F for a drip pan?' Upstairs window AC drips onto my fire escape every night — can I ask 4F for a drip pan? For your car, I'd call the precinct non-emergency line anyway and ask if they'll make an incident report. Even if they say no, your insurance company might want the number. Is the dent bad enough for a body shop or just ugly?

#7

YES to photographing before the crews get there! In Forest Hills after a windstorm they'll chip everything by 8 a.m. and you lose the evidence! The key is whose tree it is. If it has a little Parks tag or is in the city right-of-way, it's probably Parks. If it's in front of your building but in a tree pit, that's still usually Parks. The Comptroller has a notice of claim process, and the deadline is strict — for property damage you want to check the actual form because general 90-day advice is often personal injury. Have you tried searching the 311 map for a prior condition report for that exact tree? That's the evidence that makes or breaks a claim!

#8

Okay I just tried the 311 map on my phone and I think I did it wrong because it only showed noise complaints? Maybe I had the wrong layer. Thanks for the notice of claim explanation though, I thought that was only if you got hurt. I only have liability on my car so I guess I'd just pay a dent guy cash. EastHarlem_E, if your insurance pays out, does that make your rate go up in the city? I hear NYC insurance is already terrible.

#9

Dyker, if you file a comprehensive claim it can still count against you depending on the insurer. Some companies won't surcharge for comp, some will. EastHarlem_E, you should also see if the branch is still hanging above the car. If the parent limb is cracked, the city will treat it as an active hazard, not just storm debris. Otherwise, you might get three different agencies saying 'not my department' until the next windstorm.

#10

YES! 'Not my department' is the whole game! Parks owns the tree, but sanitation picks up the branch, and if it's in the street, DOT might get tagged too! It's maddening! Have you tried calling the borough forestry office directly? If you tell them there's a split limb still up in the crown, they might send an inspector same day because it's a hazard to pedestrians. And ask the inspector to look at the break — they can note rot in the tree record, which could help you later! Do NOT let them just chip the broken branch before you get photos of the cross-section!

#11

Wanted to chime in: I tried to Google 'notice of claim NYC property damage' and found both a 90-day and a one-year mention on different pages. I don't want to give wrong info. Could someone clarify if the 90-day limit is only for injury? EastHarlem_E, were other cars on your block hit? Sometimes if it's multiple cars, the city's borough commissioner office takes the tree request more seriously, or at least it stops being a single-cranky-driver thing.

#12

Update: filed the 311 request, took close-up pics of the break, and it does look a little punky in the center. Not full rot, but enough that I sent it to my agent. My insurance says comprehensive would cover the repair but my discount takes a hit, so I'm probably going to eat the dent and skip the claim. I'll only pursue the Comptroller if I find proof the tree was already on a list. For now I'm parking one spot toward the hydrant side and hoping the city sends a crew for the hanger. Appreciate the advice, especially the rot photo tip.