If a Tree Falls and No One Is There

If a neighbor’s tree falls in a windstorm onto my house, will anyone come clean up the tree damage? Or am I forced to pay for the tree’s removal costs and repairs as the property owner?

The answer is more complicated than it seems. If any damage happens to your property, you may need to report it to your insurance company. To purchase a home in most states, you must carry a homeowners’ insurance policy. Homeowner policies generally apply when there is any damage to your property, caused by your falling tree or your neighbor’s tree.

Liability for property damage can depend on the owner of the tree. For example, if your neighbor’s tree fell on your house, they should have to pay to fix any damage. In reality, the manner in which the tree fell is the controlling principle in determining who is responsible for the property damage.

Your insurance company may not want to pay or may want the neighbor’s insurance to pay for the damage. Often, the homeowner must deal with damage to their home, and no one is willing to pay to fix the problems. Contact an insurance attorney to make sure you get a payout to cover the damage to your property.

What’s the Law on Tree Damage Liability?

If a neighbor’s healthy tree falls over because of storm damage and lands on a different homeowner’s property line, it becomes the homeowner’s responsibility to make an insurance claim. In insurance law, these events are “acts of nature” or “acts of God.”

Most homeowners’ insurance covers up to a certain amount of cleanup. While the policy covers structural damage to the house itself, specific coverage for debris removal is typically limited to a lesser amount, generally between $500 to $1,000. This leaves the property owner to cover any extra costs and the deductible.

But, if the neighbor’s tree branch falls onto a different homeowner’s house in nearly any method other than a catastrophic storm, they may be on the hook to fix it. For example, if a bird knocks over a tree branch — and the neighbor knows it is a dead tree — the neighbor is responsible for the cleanup.

It is crucial that homeowners keep their tree limbs and roots in good health. Otherwise, they may be paying for any damage to the neighbor’s property. However, whether or not a neighbor knew a tree was in a healthy or unhealthy state is a difficult thing to prove in court.

If the relationship between neighbors isn’t deep-rooted, a downed tree can lead to serious neighbor disputes. And when these disputes involve money or a displaced homeowner, a common reaction is to find someone to blame.

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What Can I Do About Tree Damage Liability?

The general wisdom is to be a good neighbor, and help out if you are the tree owner and your tree falls, and the homeowners’ insurance coverage isn’t coming through. But, general wisdom doesn’t always pay the bills. You may have to take legal action to recover payments for property damage.

The most prudent course of action is to have an experienced tree services company or arborist examine any tree that looks like it could cause damage. It’s always best to get an expert to give an opinion about tree root health, tree removal, and tree trimming before anything catastrophic occurs.

Find Legal Help for Tree Damage Disputes

If a fallen tree lands on your house, and you want the neighbor’s insurance to pay for the property damage, contact an experienced insurance law attorney.

If you are worried about your own trees or your neighbor’s trees causing property damage, talk to an insurance lawyer for legal advice. Your attorney can explain your legal rights and responsibilities and how to protect your own property. Your attorney can also negotiate with the insurance company to recover the maximum compensation.