What Happens If Your Neighbor's Tree Falls On Your Property?
Fallen Trees: Who is Responsible?
As Ohio braces itself for the weather aftermath from hurricanes and tropical storms, it’s not uncommon for things in your yard – like trees – to become damaged. Are you prepared if your neighbor's tree falls into your yard? Understanding how the insurance process works can make a big difference in managing the situation calmly and effectively. Tree-related damage can lead to confusion, especially regarding liability and who’s responsible for the cost of removal and repairs.
Who Is Responsible?
In most cases, the first thing to understand is that liability usually depends on whose property sustained the damage, not where the tree came from. If your neighbor's tree falls onto your yard, you will need to use your homeowner’s insurance policy to cover the damage to your property, regardless of the tree's origin.
Similarly, if your tree falls onto your neighbor's property, they would typically need to file a claim with their insurance. It doesn’t matter that the tree wasn’t yours; the location of the damage usually determines responsibility in the eyes of the insurance companies.
In most cases, neighbors are able to work things out without too much trouble. Depending on the extent of the damage, you may need to file a homeowners insurance claim. Your homeowners insurance may or may not cover the cost of tree cleanup, depending on your policy and the company you work with. If there’s ever an issue between neighbors, you can rely on your claims adjuster to help straighten everything out.
The Claims Process
Once you realize a tree has fallen onto your property, the first step is to assess the damage. Is there structural damage to your home, garage, fence, or other structures? If it’s safe, try to prevent further damage to your home and property. If the tree has caused significant damage or created a dangerous situation (such as downed power lines), contact emergency services or professionals to secure the area.
It's also important to document the damage. Take photos or videos of the fallen tree and the areas affected. This documentation will be crucial when you contact your insurance company to file a claim. Then call your insurance agent, who can explain your options and help you understand if and how to file a claim. When you file a claim, a claims adjuster will come to your house to evaluate the damage and explain how your homeowners coverage comes into play. It’s recommended that you call your claims adjuster before you contract to have the tree removed.
Sometimes a tree can fall onto your car. If it’s not safe or possible to remove the tree from the car yourself, you should call a professional to remove it. Again, talk to your insurance agent and a claims adjuster first and take a few photos of the fallen tree on your car. Depending on the damage and terms of your insurance coverage, your comprehensive coverage on your auto policy may provide coverage for the loss.
Understanding Liability
Remember, your neighbor is only liable for the tree damage to your property if negligence is involved. Homeowners should be aware of the health of their trees. It’s possible for you to be held responsible for resulting damage to your neighbor’s house or property, if your tree falls due (in whole or part) to your own neglect. Taking preventive measures – like routine tree trimming – can potentially help you avoid any this situation in the first place.
Resolving the Situation with Your Neighbor
Communication with your neighbor is key to resolving the situation amicably. Even though your insurance may cover the damage, the situation can still strain relationships if not handled carefully. It helps to approach the conversation calmly, explaining that the issue is being handled through insurance and emphasizing the importance of safety and tree maintenance moving forward.
Conclusion
While the insurance process after a tree falls can seem complex, understanding the basics—who is responsible, how to file a claim, and how liability works—can help ease the stress of the situation. If you need help or have questions, don’t hesitate to give our office a call.
Disclaimer: Crosby Advisory Group, LLC provides financial planning, business growth strategies and Insurance protection. CAG is a registered investment advisor. Investing involves risk including the potential loss of principal. Consider all risks before investing.
