Make sure you talk to a trusted adviser like me!

Who Is Responsible for Fallen Tree Damage? In most American states, if your tree or any part of it falls on your neighbors' property and causes damage to their property through no fault of your own (due to a snow storm, winds, hurricane, or other so-called"act of God"), you are not responsible. Your neighbors will have to file a claim with their own property insurer if they want to be reimbursed for their loss.

This will likely come as a surprise to your neighbors!Estimated Reading Time: 6 mins. Aug 02, My Tree Fell on My Neighbor's Car. If one of the healthy trees on your property falls on your neighbor's car during a storm, you are not responsible. Your neighbor may not be happy about it, but they must claim on their auto insurance.

When you file a claim, a claims adjuster will come by to evaluate the damage and explain how your homeowners coverage comes into play.

Most likely, the neighbor's insurance will file a subrogation claim with your insurer. Sep 18, Usually, when a tree falls, it’s due to a violent storm or the simple fact that the tree was diseased.

Or, it was never maintained properly. It’s one thing to have the tree fall on your own property. When it falls on a neighbor’s property, however, the situation creates many questions about how to handle liability. You might assume that Estimated Reading Time: 4 mins. A tree owner could be held responsible for a tree falling if they previously knew that the tree was dangerous but did not do anything to address the problem.

A homeowner would most likely be held liable for damages for a tree that fell on a neighbor’s property if they had received prior notice from a professional that the tree was hazardous. Your neighbor cuts down their own tree and it falls and lands on your home.

If the tree fell on the neighbor’s home when the homeowner was trying to cut down the tree without professional help, the damage would be the homeowner’s responsibility. Also, if the tree was dying, unstable or diseased and the homeowner knew about it, he or she could be liable if it falls over on its own.

If a tree encroaches on neighboring property, the neighbor may sue if the tree was planted, not"wild." A neighbor may sue only if the tree is"noxious," in other words if it both causes actual damage and is inherently dangerous or poisonous.

In many other states the law is unclear. In these states, a case might be successful if the tree. Jul 08, The median amount paid by insurance companies for settled tree claims was 4, Seven percent of all settled claims were caused by a fallen tree. Compare that with the Estimated Reading Time: 5 mins.