If your neighbors tree falls on your property and does damage . Whos insurance company should pay for damages. The tree looks healthy! but lots of missle toe and their is some rot looking stuff ih the stump, Also the wind did not bloww it over it just fell. It is a oak tree of some sort about 24 inches at base and it is in an irragated field??
Typically, it would be your policy that would pay the claim, then subrogate with the neighbor’s carrier. Believe me, if your carrier is strong in customer service, this is the best way to go. Take your check and let them duke it out. Depending on how successful they are, your company will usually recover any deductible paid and refund it to you.
If the tree is rotten, your neighbor knows that it was rotten and needed to be taken down but never did then he may be liable for the damages. If the tree wasn’t rotting and fell for any reason, wind, hail, lightning strike then you would have to pay the damages. Think about it like this. If a tree in your yard was knocked over by the wind, and hit your neighbors house, it wasn’t your fault and you had no idea that the tree would come down, do you think that you should have to pay for the damage? No, it’s something that is out of your control.
Your boat policy will pay the damage. The only way your neighbor is liable is if it is clear that the tree was a problem and they’ve been instructed to take it down.
It depends on the condition of the tree.
If the tree is dead/dying/sick and a reasonable prudent person can tell by looking at it that it is dead/dying/sick …..then the tree falls over damaging someone else’s property…then the tree owner is negligent and responsible for what the tree damaged.
If the tree is healthy, then the tree owner is not negligent.
When in doubt, turn it into your insurance company. If they think the tree owner is negligent, they will subrogate the tree owner. That means they will go back against the tree owner for repayment.
~~Their homeowners insurance is responsible. Their tree caused the damage, therefore their insurance pays.
I need to add one thing. The tree has to be on their property, not city or county owned property. Allot of cities (like mine) maintain trees on our property, but it considered a parkway, so not really our tree.~~
Your insurance. His insurance covers his stuff. It doesn’t matter where the tree is….or was.
If you served him a letter from a tree company stating the danger of the tree because it was dead, etc… then the story would be different. He’s not responsible for acts of God.
Your policy pays for damage to your property. Your neighbor’s policy pays for damage to your neighbor’s property.
You’re responsible for tree removal for the part of tree on your land. Your neighbor is responsible for the part of tree removal on his land.
Your neighbor is not responsible for the damage his tree did – the tree looked healthy, and I’m sure your neighbor was just as surprised as you, that it fell over.
**Debi is wrong on this. I’ve been doing insurance for 23 years, and I’ve never, ever seen a SUCCESSFUL suit against the owner of the tree. You have to prove that 1. the tree was in bad shape and 2. the neighbor KNEW the tree was in bad shape. Just sending a letter to them, telling them the tree was in bad shape, isn’t good enough, UNLESS you are a licensed arborist (tree specialist). It’s nearly impossible to prove knowledge.**