My tree damaged my neighbor’s home. Whose insurance is responsible for covering the damages?
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Asked July 13, 2010
That depends on the nature of the damage, in many cases. If the damage was the result of a major storm it may be considered an act of God and your own policy will cover the damages. Unless there is a reason to do so, insurance companies will not squabble a great deal over a tree or limb that falls unless there is a reason to assume that something could have been done to prevent the damage.
For example, if the tree was dead or dying, or had weak limbs extending over their home or property, it could be that you should have pruned or removed the problem before it caused damage. In that case, you are liable for the damages, and you may even paying out of pocket because your insurance company will consider the incident a matter of negligence and breach of contract.
Another consideration might be if the neighbor had done something that contributed to the tree falling, such as installing a ditch along the property line that loosened the soil. In this case, the neighbor would be responsible, and may even be liable for replacing your tree. The only way to resolve the issue for certain is to contact your insurance company and have them assess the circumstances.
Answered July 13, 2010 by Anonymous