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Who's insurance pays for the damage of fallen trees?

4/15/2017

14 Comments

 
Who pays for a fallen tree?
Where it lands is the key to liability...
Q: Let's say a neighbor's tree falls during a storm and crashes into your home. Who pays for the damage? This isn't meant to be a 'trick' question, but it may seem like one.

A: Even though it's your neighbor's tree, it's your responsibility. If the tree was in good health and it came down due to an act of God, nobody can be held responsible for that.

Tree damage — who pays for what?
  • The property owner whose house is hit by a tree is covered under their homeowner's policy.
  • The property owner whose vehicle is hit by a tree is covered under their auto policy — but only if they have "comprehensive" coverage on the vehicle.
  • If the tree that falls is rotted or diseased and should have been pruned or cut down, then a question of negligence can be raised. The property owner may seek to hold the tree owner liable for damages.
  • Tree removal is only covered if a structure or vehicle is hit by the falling tree. NOTE: Pools are not covered. So, if a tree falls only on your lawn or garden — with no damage to your home or vehicle —the cost of tree removal, damage to lawns, gardens or damage to pools are generally not covered. Check your policy for specifics.
  • If a tree on your property falls into your neighbor's yard without damage to their home or vehicle, tree removal is not covered by either party's insurance. You and your neighbor must discuss who pays for cleanup.
Contact your Connecticut Insurance Exchange agent at 860 666-5443 or email us at info@cieltd.us if you have questions about tree damage liability. We will be happy to review your policy and exposures to make sure you are properly covered!
14 Comments
Sarah Smith link
3/19/2019 07:18:43 pm

I didn't realize that if your property holds a diseased tree and it falls on your neighbor's property, your insurance pays for it. We have 3 diseased trees on our property. I think I will find a tree removal service before they fall over.

Reply
Raymond Alvarado
8/6/2020 08:54:55 pm

Hi, my neighbors patio umbrella blew into my house and caused damage to the siding. This was on Tuesday when the storm arrived. Her umbrella was not closed at all. She was negligent. Warning was given that a storm was coming and she did nothing to put stuff away as advised.
I spoke to her today and before I asked her about paying she said that my insurance should pay. Mine!!! Unacceptable... I didn’t say anything else because I knew it was going to get heated. Can I get her insurance info and make them pay for the damage? Thank You

Reply
Melanie Tregoning
8/7/2020 07:37:53 am

Hi Raymond,

That is an excellent question! I think I know the answer. If you are insured with CT insurance Exchange, please email me at melanie@cieltd.us and let me know what insurance company you are with. I will contact its underwriter to make sure I have the cotrrect answer. Thank you.

Reply
Bennie Billie
8/19/2020 05:32:23 am

Hi, the lower base part of the tree belonging to my neighbor fell on my fence, I need to get that part off my fence but am I responsible for taken care of the rest of the that is on the neighbor’s side? It is possible that removing the part of the tree of my fence may result in limbs and branches may fall on my property and that would be my responsibility too. Am I better off just leaving the tree on my fence and let my llc real estate neighbor decide what they want to do with the vast majority of the tree on their yard? So far I am ok with my insurance company, i just want to know what options if any do I have.

Reply
Maureen Teachman
7/15/2021 10:52:08 am

You say if a tree is diseased or at risk of falling that there might be negligence on the part of the tree owner. Can you direct me to a law or regulation please.

We had a tree fall onto our property that was growing in water. We did not know that was the situation as it was behind our neighbors home on Town owned land. Very surprised to learn they do absolutely no inspection of trees on their open space land. If they had, they would have realized the tree growing in water would put people and property at risk of injury or damage. They did come and remove the tree but deny liability for property damage. Do laws or regulations apply only to everyone except municipalities?

Reply
Britanny link
10/15/2021 01:23:15 am

My whole assumption is that even if you are the owner of the tree, when it falls in the neighbor’s yard there is no right responsibility for it.

Reply
Tops Tree Service of Newport Beach link
10/18/2021 11:29:15 pm

In my opinion I think, In the event a homeowner is liable for the damages, his or her personal insurance company will have to pay the damages. The insurer will have to also investigate the claim and defend the homeowner if he or she is sued by the neighbor whose property the tree fell on.

Reply
Tree Care Co Mission Viejo link
10/19/2021 12:05:19 am

Well I think if the homeowner being sued loses, his or her insurer will pay up to the policy limit for damages.

Reply
Concrete Contractor Harrisonburg link
10/29/2021 07:39:24 am

Nice post, informative. Thanks for detailed article here that enlightens the community.

Reply
https://www.coralspringstreeservices.com link
12/1/2021 06:26:55 am

Fantastic submit, fantastically informative.

Reply
Orange County Divorce Lawyer link
7/23/2022 04:34:13 am

with no damage to your home or vehicle the cost of tree removal, damage to lawns, gardens or damage to pools are generally not covered. Thank you for the beautiful post!

Reply
Orange County Family Law Lawyer link
7/23/2022 05:14:08 am

The property owner may seek to hold the tree owner liable for damages. Thank you, amazing post!

Reply
Pro Concrete Summerville link
11/16/2022 12:25:51 am

Generally speaking, if your property is harmed, you are accountable for the damages. It doesn't matter if the tree or branch comes from your land, your neighbor's property or even municipal property.

Reply
Carrie Benton
1/10/2023 10:21:37 am

A neighbors rotting tree fell onto a 300 square foot cottage my partner and I were renting while I was inside. The tree was about 50 feet tall and 4 feet wide. The cottage can not be repaired. This has been a very stressful and traumatic event. Do I have a case if I file legal actions with the neighbor? I’m trying to figure out what I can do during this incident.

Reply



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    Melanie Thomson-Tregoning is a Licensed Insurance Agent and VP of Marketing for Connecticut Insurance Exchange, Ltd.

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