• 
  Nicholas Springer in Coverage | 5102 Reads
• 12/10/2024

My Neighbors Tree Fell On My...

How is that Covered?

Trees are unpredictable, That's why you need the right coverage.

Nicholas Springer

This is a tough one. Your neighbor's tree just fell on your property and damaged it. Whether it be your fence or your actual house, who pays for it? Great Question!

If you are worried about something getting damaged and being made whole again, it's always best for you to insure it. And that is exactly what you do with your homeowners insurance - you insure your home, your stuff and the other structures on your property. If they get damaged by a covered peril, then your policy will kick in and indemnify you.

Confusion can set in when your property was damaged by someone else or their property - like their trees.

Aren't they liable?

Well, Maybe.... When someone damages your property, the main question asked is "Are they Liable?" You might say that "their" tree fell on my house, so yeah, "they" are liable. But it's a bit more complicated than that. In order for there to be liability, there needs to be negligence. If wind knocked the tree over, wind was the proximate cause and the homeowner probably did nothing wrong, so they wouldn't be liable. If the neighbor cut the tree down and it fell on your home, then yes, they are probably liable for any damages.

What about a Dead Tree?

If a tree is dead and it falls, there have been insurance claims where the dead tree's owner was liable and their homeowner's insurance paid a claim, but it's not common - at all!

Remember, to be liable, you must have been negligent, so how can you be liable for a dead tree? Well, did you know the tree was dead? If you knew the tree was dead and did nothing about it, then you "may" have been negligent, but how did you truly know if the tree was actually dead? Unless you are an arborist or some other tree professional, you may not actually know it was officially dead.

If you suspect a neighbor's tree is dead and may damage life or property, here is what you can do:

1. Get a professional to verify the health of the tree. If the tree is dead, get it in writing.
2. Notify the Property Owner - tell them as neighborly as you can but also send them a certified letter letting them know that the tree is dead and needs to be handled and include the certification from the professional that the tree poses a threat to life and or property.

That is generally all you may be able to do. If at some point that tree then does damage your property, you may be able to file a Liability claim on their home insurance policy to indemnify you for loss.

In the end, if your property is damaged for whatever reason, you want to make sure you have purchased the proper coverage. That is the only rock-solid way you know you will be made whole again. And don't skimp on the liability either, you don't want to be the one who had a dead tree fall and hurt someone!