Generally you would pay for someone's services; however, if they negligently provided those services it's probably best to discuss the situation with them and come to some mutual agreement about the bill/reimbursement for damages. If you can't reach some mutual agreement, you could not pay the bill and wait and see if he sues you, at which time you'd answer the suit and file a counter-claim for your damages (unless you had your insurer pay them). You could also either pay, or not pay, the bill and sue him for your damages, in which case he'll likely counter-claim for the amount of the bill. You could turn over your damage claim to his insurer and/or your insurer, or both, and see what happens before deciding if a suit is needed, which is the way I'd suggest handling this if you don't reach a mutual agreement. Remember any litigation takes time and money and unless the damages warrant same, litigation may not be either time or cost effective. Thus I would advocate for you and the tree fellow to reach a mutual agreement without litigation.
Answered on Jul 27th, 2013 at 2:21 PM