Storm Damage
That big old storm that just tore through the city knocked most of a neighbor’s tree into our yard. Damaged our fence, our deck and some outdoor furniture. Is the neighbor responsible? Does insurance usually cover this?
That big old storm that just tore through the city knocked most of a neighbor’s tree into our yard. Damaged our fence, our deck and some outdoor furniture. Is the neighbor responsible? Does insurance usually cover this?
The neighbors insurance carrier is responsible.
So happy we took down the 3 enormous ailanthus trees in our yard at the beginning of the summer. Avoiding this situation is exactly the reason.
From a homeowner’s insurance site:
“If a tree falls on my house from my neighbor’s yard, who pays for the damage?”
Generally the insurance responsibility lies with whoever’s property is damaged. In other words, if a tree falls on your home, no matter where the tree came from, your insurance company should pay for your home repair.
An exception would be if the damage occurred as a result of negligence; for instance, if the tree was dead before it fell, and you had proof that your neighbor knew the tree was dead. Under those circumstances, the damage becomes your neighbor’s liability.
As a rule, state insurance officials suggest that you file a claim with your insurance company and let them deal with it.
I’m chiming in here too because I have the same problem, maybe with a little twist.
My neighbor owns a huge tree that spans over 6 lots. Although I’ve asked her in the past (via letters) to preventively prune it, she’s ignored me, so I’ve (at my “choice”) spent a ton of money, first removing a 45′ pine tree and, this summer, $1K to have dead branches from that tree hanging into my yard removed.
But then…yesterday’s storm! A 30′ branch landed square in my yard and on my gazebo…it looks like the Wizard of Oz!
Because she’s ignored me in the past, I’d love to know if there’s a definitive legal answer about who’s responsible so I can decide whether to approach her. This looks like it’ll be about $1200 all told and my HO policy deductible is $1K so it doesn’t make sense to put this through and risk a premium increase.
Thanks!
Having lots of experience with insurance companies growing up/living on the gulf i say insurance companies will do their damnedest to NOT pay for anything. That’s why you have to have specific clauses for flood,fire,wind,,etc.
And “act of God” is a huge gray area they love to hold up in for years before they cough up a nickle.
Hey insurance experts, how about this: read your HO policy. If it’s an all risk policy, check the perils insured against provision.
INSURANCE WILL NOT COVER “Force Majeure”.
You must have “special coverage” to be insured against Acts of God, with a hefty premium of course.
Outside, outside chance that the “neighbor’s negligence” in not caring/pruning large tree would invoke regular homeowner’s insurance.
God usally escapes liability.
Its always been my understanding, and experience that tree damage- no matter where the tree comes from- is the responsibility of the party harmed. If your tree falls on your neighbor’s house- your neighbor’s insurance covers- does not “go after” you or your insurance company.
Just call your own insurance company. R
covered by your own insurance. Let the insurance companies work it out. A tree failing as a result of a high wind is NOT a negligent act.