Most tree damage claims denied in Elgin
When a tree branch falls and damages your car - even on a clear day with no wind, and the tree is found to be rotting - good luck getting the city to pay for your damages.
That's what happened to Maya Steele, whose windshield was damaged to the tune of $365 in August when she was driving home with her two young children in the back seat along River Bluff Road in Elgin.
Steele submitted a reimbursement claim to the city. The city's insurance company denied it in September. She was stunned to find out the tree was cut down last month.
"Now they cut it so they don't have to be responsible the next time," she said.
The city forwarded the claim to its insurance company, which reviewed it in the context of the Illinois Local Governmental and Governmental Employees Tort Immunity Act and made the correct determination to deny the claim, Elgin Corporation Counsel Bill Cogley said.
Tree damage claims are denied in the vast majority of cases, city data shows.
Only one of 40 claims was approved in 2017 with a $450 payout by the insurance company, and only one of 19 claims was approved in 2016 with a $2,304 payout. This year, six claims have been denied and 12 are pending.
The Tort Immunity Act protects public entities and employees from liability arising from the operations of government, Cogley said. "Regarding the maintenance of city property, the statute provides, in part, that the city is not liable unless it had notice of a condition that is not reasonably safe in reasonably adequate time prior to the injury or damage to have taken measures to remedy or protect against such condition," he said.
The city does not have a record of having received complaints about the tree prior to Aug. 12, when a relatively small branch fell and damaged Steele's windshield, Cogley said.
The tree was inspected in 2010 and rated in fair condition, Cogley said. The tree was pruned in 2015 by a city contractor as part of a regular pruning cycle.
"There is no identified evidence suggesting the city had prior notice that the tree was in an unreasonably safe condition prior to the incident on Aug. 12," he said.
On Sept. 5, a city arborist inspected the tree and determined it was rotting and should be cut down. The tree was cut down by a contractor in October, he said.
Arborist Aaron Schultz, who serves on the board of the Illinois Arborist Association, said the health of a tree can change a lot in three years. It's hard to assess what might have happened in Steele's case not knowing the tree species, any diagnoses or extent of decay, he said.
"Every municipality is different in how they develop their pruning or inspections. It sounds like Elgin has a pretty good records-keeping process," he said.
Insurance companies typically deny damages caused by so-called "acts of God" - wind, storms, ice and snow - but it's less common for claims to be denied when it was a clear day with no wind, like in Steele's case, he said.
It's always good to get a second opinion from an arborist, he said. "Ultimately we're at the will of the insurance company. That's how it goes, unless you want to file a lawsuit."
Steele, a single mother, said she saved for months and got her windshield fixed this week. She covered half the $365 cost, and the Elgin nonprofit Our Neighborhoods Empowered covered the rest.
"I'm sad that they had to help," she said, "but I am grateful that they are able and willing to help."
ONE President Marcus Banner, a former city worker, said the group advocates for residents and tries to help whenever possible. "She needed to fix it before winter comes. She's got kids."