This year has already seen a host of named storms. In July, Hurricane Beryl became the earliest category-5 Atlantic storm on record. And in August, Hurricane Debby hammered the Southeast before moving upward to inflict damage on the Northeast.
The National Oceanic and Atmospheric Administration predicts that the coming months are likely to be active ones as far as storms go. In the course of its routine mid-season update, it increased the number of anticipated named storms to 17-24, of which 8-13 could become hurricanes. And given that hurricane season runs through November 30, homeowners in the path of hurricanes and tropical storms could be in for a world of misery.
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It’s common for homes to sustain flood damage during a hurricane. And unfortunately, that’s not always covered by a standard homeowners insurance policy. Similarly, major storms tend to send trees flying, which could lead to all sorts of problems.
But what if a tree on a neighbor’s property ends up falling during a storm and causing damage to your property — whether by taking out a chunk of your fence, hitting your roof or falling on your car? Who is responsible for the damage? The answer might surprise you.
Who’s liable for damages?
Laws regarding liability are more clear in some states than others, but generally speaking, when a tree falls during a storm it’s considered an act of nature. And in many cases, it’s not your neighbor’s financial responsibility, even if it was their tree that fell from their property onto yours and caused damage.
However, there can be exceptions to this rule. If it can be proven that your neighbor knew about structural problems with the tree, or that it was dead or rotted, and they failed to do anything about it, then you may be able to pin them for damages.
For example, say you sent your neighbor a series of emails asking them to take down a dead tree that’s been teetering over your fence. If your neighbor’s response was an emphatic “no” each time, and you have that paper trail, you may be able to use it as evidence against them. But if a healthy tree falls onto your property, or even an unhealthy tree whose issues were unbeknownst to you and your neighbor, then you might be the one who’s going to have to deal with the damage.
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What to do when a neighbor’s tree damages your property
If your property is damaged by a fallen tree, whether it originated from your property or a neighbor’s, your first move should be to contact your homeowners insurance company. From there, your insurer will generally assess the damage and have you file a claim.
Depending on the extent of the damage, you may want to consider whether or not it’s worth it to file a claim. If there’s minimal damage, it may not pay to file a claim if the cost of repairs is below the cost of your deductible. But since tree damage can be extensive, in many cases, filing a claim does make sense.
If you have proof that your neighbor knew that their tree was a risk, that’s information you should provide to your insurance company. They can investigate and, if needed, go after your neighbor’s homeowners insurance to recoup the costs.
One thing you should know, though, is that if a neighbor’s tree falls on your property and damages your car, your homeowners insurance policy may not cover it. That’s often a claim you’ll have to submit to your auto insurer. If a neighbor’s tree causes damage to your home and car simultaneously, you may be looking at two separate claims.
It’s important to have emergency savings at all times in case things like this happen, because even with insurance picking up much of the tab, you risk certain out-of-pocket costs. It’s also a good idea to familiarize yourself with your insurance coverage so you know what to do when damage occurs.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
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