J and W Tree Service broke septic tank when the tree they cut fell on it Powhatan Virginia

I hired J and W Tree Service to cut down numerous trees on my property.  On August 23, 2018 one of the trees they were cutting fell on and broke my septic tank. The owner of J and W Tree Service refuses to submit a claim to his insurance company or take responsibility for the damage, and is instead blaming me.  He says I incorrectly told him where the septic tank was located and says he has a witness.  He and his “witness” are not correct, because this is not true. I both told and showed Winston the correct location. I have no reason to tell him it is located somewhere other than where I have correctly known it to be since  we built our home and had the septic system  installed over 25 years ago!  In fact, my memory of its location is reinforced each time it's been pumped out, which has been every four years since it was installed.  Each time I've had it pumped out; which was most recently two years ago, I showed the contractor where it is and watched them pump it out.

The owner offered to pay half of the deductible if I would place a claim with my insurance carrier.  I thanked him for the offer but declined it because even though they knew the location of the septic tank, they cut down the tree that fell and broke the tank and this is precisely what their insurance coverage is for.  I didn't do anything wrong and placing a claim with my insurance carrier will cause an increase in the premiums I pay.  I should not be expected to file a claim nor should I have any out of pocket expense as a result of these damages.  I did everything I could do, I told and showed them where the septic tank was before they started cutting the trees, and when one of the workers fell into the hole created by the broken septic tank, I gave him a pair of shorts, socks, and shoes to change into after he rinsed off the sewage.  I asked if he was okay and he said yes and appeared to be okay as he continued to work the remainder of the afternoon.  

 I've been issued a citation by the health department that requires I have the septic tank replaced by the end of this month, September 2018.   I have given J and W Tree Service the time and every opportunity to rectify the situation to no avail.  They have told me they will not pay anything for the new septic tank, and have thus far refused to file a claim with their insurance and have resorted to calling me a liar and a cheat.  This is the epitome of poor service and unprofessional behavior.

I obviously do not recommend J and W Tree Service.