Quote:
Originally Posted by Sliver
I don't get it. Like, you're saying they owe him a the value of the wood and some screws? That's not a fence; that's raw materials. A fence is a structure anchored in the ground and joined together to make an actual thing. They broke his fence; not a pile of wood he had laying around.
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It's a long story to get into, but they owe him the value of the property.
If the damaged fence is $1000 to replace (new fence boards/screws/posts/concrete) and the fence if 50% through it's life expectancy they only owe him $500.
If the OP presents a homeowners claim and carries replacement cost coverage his insurance company would pay the $1000 to replace the damaged fence.
The insurer would then go back to the City to pay up, but they wouldn't get $1000, it would be a reduced amount. If the fence if 50% into it's life the City would pay $500.
The devil is in the "life" of the fence. That is generally subjective.
But no, the City doesn't have to give him a new fence.