Fallen trees or branches on a home are often the unfortunate result of severe storms and high winds. Whether a tree fell on your home or onto your neighbor’s, you’re probably left wondering, who is responsible for the damage? Let’s examine a few scenarios.
My Tree Damages My Property
If a tree on your property falls and damages your home or related structure such as a detached garage, typically your homeowner’s insurance policy will kick in to cover the cost of repairs and cleanup of the property, after you pay your deductible. Covered perils generally include damage caused by wind, lightning or hail, i.e. acts of nature.
The coverage limit you’ve selected for your homeowners insurance policy determines how much your insurance company will pay for the damage. You may have separate coverage limits for dwelling and other structures coverage. Dwelling coverage helps pay for repairs of your home if the damaged is caused by a covered peril. Other structures coverage helps pay for repairs or to replace structures on your property such as a fence, shed, gazebo or swimming pool.
What Homeowners Insurance Won’t Cover
Your homeowners insurance will not cover damage if a tree falls on your car; however, you may be able to file a claim if you have comprehensive coverage on your auto insurance policy. Comprehensive coverage can help pay for repairs or replace your car if it’s damaged or totaled by falling objects, like a tree. This is optional coverage on your car insurance policy, unless you lease or finance your vehicle. In that case, your lender may have required you to purchase comprehensive coverage which would ensure you have insurance for this type of damage. If you file an insurance claim on your comprehensive coverage, be aware that your deductible and coverage limit will affect what you pay out of pocket.
If a tree falls and you don’t need any repairs, typically your homeowners insurance policy will not cover tree or debris removal, unless it creates a dangerous obstacle like blocking a driveway or road.
Your Neighbor’s Tree Damages Your Property
If your neighbor’s tree falls and damages your house or other structure due to a covered peril, this would be covered by your homeowners insurance policy (not your neighbor’s).
It’s important to note that there are instances where a tree falls and causes damage unrelated to Mother Nature, and insurance coverage may be handled differently. If the tree fell due to negligent upkeep – it was dead or diseased – you may have a case that your neighbor is responsible for the damage, and therefore, their insurance policy would pay. This can be difficult to prove unless you have documentation that you asked the neighbor to remove the dead/dying tree before it fell.
Another scenario is that your neighbor attempts to cut down a tree or large branches, and in the process, those fall on your house. If it can be proven your neighbor was negligent and didn’t take proper precautions, they could be held liable and forced to pay for damages.
My Tree Damaged My Neighbor’s Property
If your tree falls on your neighbor’s house, their insurance policy would cover the loss. So the general rule of thumb is, the owner of the damaged property will file the insurance claim. Your neighbor could decide to sue you to cover their deductible, in which case, your insurer would be required to defend you and investigate the claim. And similar to the above, if you were found negligent of caring for the tree, your insurance policy would have to cover the damage.
Avoiding a Homeowners Insurance Claim
The best way to minimize damage from your own trees is to properly care for them and prepare before extreme weather. If the tree appears to be diseased or dying, have it inspected by an arborist to determine if it needs to be removed. This may seem like an unnecessary expense, but it can save you money in the long run. Poor maintenance will not be covered by homeowners insurance.
Of course, it’s also good to have a relationship with your neighbor and discuss any concerns before accidents and damage occur.
Questions about homeowners insurance coverage or claims related to fallen trees? Contact Wallace & Turner at (937) 324-8492 in Springfield, (937) 652-8492 in Urbana, or info@wtins.com.