• Neighbor’s Tree Damaged Your property. Who Pays?

    November 15, 2021 | Our Blog | jlong138
  • Did your neighbor’s tree just damage your property? Are you wondering who is responsible for repairing the damages? You will find answers to those questions and more. Let’s inform you about the basic meaning of insurance.

    Insurance is a contract or an agreement between an insurance company (insurer) and you. Based on the agreement you have with the insurance company, you are expected to pay a certain amount of money which is called, “premium” to the insurance company so you can be compensated for some kind of liabilities or losses during a specified period.

    You must know that your insurance does not cover all types of risks. Your insurance policy will contain certain condition clauses that will restrict the extent of what the insurer can give you cover for. Your insurance policy will specify the particular losses that are covered. To further fathom the extent of the coverage of your insurance policy, go through your Product Disclosure Statement (PDS) thoroughly. The extent of insurance coverage varies according to the insurer.

    When the losses or liabilities that you insured against occurs, you will file an insurance claim for the loss or liability and your insurer will compensate you.

    Now that you know the basics about insurance, let’s dive into who will pay for the damages in a case where your neighbor’s tree damages your property.

    Trees are a beauty to behold and they are one of the biggest investments you can make because of the shade they provide and how they complement your landscape beautifully. But trees can also cause disputes amongst neighbors that have trees in their houses especially when they fall and cause huge damage to valuable properties. Any tree can easily fall during a storm if it is not well maintained and taken care of–it is pertinent that you don’t joke with tree health and tree care. If you observe any odd thing about your tree or that of a neighbor, quickly inform an emergency tree service company to check it out and suggest the best action to take.

    You may think you are responsible for footing the whole bill if your tree falls into your neighbor’s property but it is not always that way. 

    If your neighbor’s tree falls into your property and damages it, you should quickly submit a claim to your insurance company. Your insurance company will handle the damages done to your property if the tree falls because of an act of nature such as a violent storm, hurricane, or tornado. Your insurance company will take care of the cost of the damage as long as your neighbor did not push the tree intentionally to destroy your property.

    But there are cases where your neighbor would be held liable. An instance is a case where your neighbor was attempting to cut down his tree without getting help from a professional tree service company. In this instance, your neighbor would be responsible for handling the cost of any damage that is done to the property. Also, your neighbor would be held liable if he was aware that his tree was diseased or was dying and he didn’t do anything about it. If that diseased tree, falls off and destroys your property, he will pay for the cost of repairs. Your neighbor will also be held responsible for damages done to your property if his tree falls during a light storm that cannot fall tree. Your neighbor is expected to take proactive steps to take care of his diseased tree so they don’t cause damage to anyone’s property. They are expected to practice tree pruning or tree trimming often or tree removal if a tree service company recommends that option.

    In those cases, we listed above where your neighbor is held liable for damages, his or her insurance firm will make payments for those damages. Plus, your neighbor’s insurance company will investigate the claim filed by your neighbor and find a way of defending him or her if you sue your neighbor. If your neighbor loses the case, his or her insurance company will pay for the damages that were done on your properties to the limit of your neighbor’s damages. Your neighbor will personally handle the damages that are above the limit of his insurer. For you whose property was damaged by your neighbor’s tree, you can submit your liability claims against your neighbor’s insurance policies.

    As a tree owner, always inspect your trees and get help from a tree service company if you discover any form of a health issue on your tree.

    The cost of hiring a professional tree service company to trim or prune your tree regularly is not as much as what you would be liable to pay if you don’t take care of your tree and it ends up destroying your neighbor’s property due to your negligence.

    How can yoú prepare ahead of possible tree damages that are triggered by violent storms?

    1. Read through your insurance policy’s Product Disclosure Statement (PDS). It will inform you about the conditions and extent of your insurance policy coverage.
    1. Take preventive measures towards handling the danger that harmful trees pose. If your trees are dying, they are exposed to easily being removed by a violent storm if you don’t do something about them quickly. Don’t ignore the advice that is given to you by an expert tree service company if they recommend tree removal. You should also know that your insurance company will not take care of the cost of these preventive measures you take regularly but it is worth it for your safety and that of the people around you.
    1. Read through your insurance policy for exclusions regarding damages done to third-party property when you are cutting down harmful trees. Most insurance companies are not liable for damages you cause to third-party properties when you are deliberately lopping or cutting trees–it is a risk that you will handle alone without any form of financial help from your insurer.

    Conclusion

    If your neighbor’s tree damaged your property due to acts of nature such as hurricane or storm, your insurance company will pay for it but if your neighbor’s tree fell and destroyed your property due to his negligence, his insurance company will pay for the damages done to your property.

    If you want to prevent your tree from damaging your property or that of your neighbor, ensure you practice tree pruning or tree trimming often and don’t hesitate to carry out tree removal if a professional tree service company recommends that you do that.

    Don’t trivialize tree care and tree health, it will save you from so many unnecessary costs.