It may be easier for you to put in a claim with your insurance company. They in turn will try to get the money from the owner of the tree or the owner's insurance. Your insurance company can be a whole lot more effective than you as an individual is.
Charlie
The same applies to costs for removal of debris or repairs for an auto damaged by falling branches: the owner of the property damaged should file the claim, not the owner of the tree. Comprehensive coverage will cover cars damaged by falling trees.
If your tree was dead or diseased and you are accused of negligence for not removing the tree earlier, assigning responsibility for the damage is more complicated, and you should consult your agent.
Call your insurance company, and let them work it out! That is why you pay them! Greg
I've got a neighbor whose tree branches fell on my garage busting up the gutter & who knows what else. Until the branches are removed I can't asses the damage This occured after a heavy snow.
She's telling me her insurance won't cover it.
Does this sound right?
It might be. If her insurance doesn't cover it, then she has to cover it personally. So what's the issue?
Captain Joe Redcloud
Yes, that's exactly right. Call _your_ insurance company. In 2003 high winds of a summer storm caused a (possibly) diseased Ash tree to split and fall on my house, with significant damage to my roof and back enclosed porch. The insurance co and its adjuster both said that, basically, once it's on your side of the fence, it's your tree, Insurance Co. was not pleased that I did not want to use their restoration contractor, which I'm sure gets some kind of kickback, instead of the contractor I've used for past repairs and work on the house.
I have always been told that if a neighbors tree falls on your house, it's your problem not theirs, and you can't do anything about it.
Kinda sucks, but that's the way it goes....
....Only until you get a different opinion.
Captain Joe Redcloud
Unless the neighbor was somehow negligent, it is an act of God and he is not liable. Obviously he has to talk to his insurance company and maybe a lawyer to get accurate advice.
Who cares? That is why YOU have an insurance agent that earned a commission on your policy. Call them.
Sounds right to me, because, generally, what is over your property is yours to maintain. Call your insurance company.
In South Carolina, if my neighbor's tree falls on my house, it is my problem, and my insurance company pays, even if the tree was diseased. It may be different where you are. Why are you asking here? We have no authority. Call your insurance company to get accurate advice for your area.
Stretch
I just had something like this happen to me. During a recent wind storm, a branch from a tree in front of my house fell on a car across the street, causing over $2,000 in damage. The owner of the car contacted me immediately. I'm a new homeowner so I freaked out and called my insurance agent. She informed me, calmly, that unless someone can prove (or I admit to) negligence on my part, my homeowner's policy doesn't cover damage to OTHER PEOPLE'S PROPERTY. Apparently, in NY State anyway, that's the way it works. So if your car is damaged by someone else's tree, you have to file a claim with your own car insurance company. If the tree branch had damaged their house or garage, they would file a claim with THEIR homeowner's insurance, not mine.
That's how it works in NY State, anyway. . .
Lesley
"Depends on your state. "
I don't believe it does depend on the state. In every state in the US that I know of, it works the same. If you have a tree on your property that falls and causes damage to a neighbors property, you have no liability, unless it can be proven that the tree was an obvious hazard because of disease or condition and you were negligent in not addressing it. Does anyone know of a state where it is different? And a reference would be helpful.
It is your problem , call your insurance co
Now if the tree was dead and you notified him in writing of its danger then the neighbor may possibly be responsible.
It may depend on where you live. Here in Massachusetts it's your problem and not your neighbors. Call your insurance agent.
This is Turtle.
If your state addapted the No Fault insurance , it's your problem. Call youy inmsurance company and they will know what the story is.
TURTLE
This is Turtle.
Miss posted here , Sorry .
TURTLE
Depends on your state. I was waiting to testify in a different court and waited in the small claims court. One case was about a tree that feel into the plaintiffs yard and destroyed his shed and deck. The judge told him that the falling from natural cause of any tree in the state of Maryland was an act of God. The plaintiff tried to persist and the judge told him that the tree falling into his yard was God's way of telling him he needed fire wood more than he needed his deck and shed. The judge then dismissed the case with prejudice so that the plaintiff would have to successfully appeal the dismissal before he could bring the case in regular court. I have no way of knowing if the judge acted properly and even if he did it would only be representative of Maryland law.
-- Tom
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