One of the most common questions that we are asked regarding potential claims, probably because it happens somewhat frequently, is:
“If my neighbor’s tree falls on my house or car, who pays?”
Generally speaking, the person who has damaged property would pay for the damage or file a claim on their own property insurance policy. Tree damage would be covered as a “falling object” on a homeowners policy and would be covered under comprehensive coverage under an auto policy. If both a home and an auto are damaged, a deductible would apply on each policy.
However, there can be an exception if the person owning the tree was negligent. In this scenario, the person with damaged property, or their insurance company, may possibly recover damages from the person owning the tree due to their negligence. The person owning the tree, in this case, would file a claim with their insurance company to have their liability insurance coverage pay.
To protect yourself, if you know your neighbor has a sick or injured tree that is at increased risk of falling and causing damage to your property, ask them to rectify the situation. If your neighbor fails to remove a sick or dying tree, send them a written notification by certified mail and contact the city. If the tree poses a risk to property or people, then the city will require the tree to be removed. In the meantime, you will have a paper trail of your request which will help prove negligence if the tree falls on your property.
DISCLOSURE: Policies are different and have different exclusions and definitions. Refer to your agent and policy for specific information regarding your situation. This information is for general use only and not to be relied on for coverage.
The Braun Agency is a full service agency and can bundle home, auto, motorcycles, RVs, boats, rental properties, umbrella liability coverage, commercial insurance, life insurance, and investments. The more you bundle, the more you save, and our agents can advise you on each risk that you have.
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The Braun Agency’s mission is to help you get from where you are to where you want to be financially by planning, achieving your plan and protecting your plan from unexpected events. In the process, our goal is to deliver insurance services in a manner that exceeds your expectations. See what The Braun Agency can do for you today. Give us a call at 757-452-4563 to speak with one of the licensed, professional members of our team or request a contact here. The Braun Agency. We’re on YOUR side. 757-INSURANCE.