Who Is Liable if a Neighbor’s Dead Tree Fell on Your Property?
Who Is Liable if a Neighbor’s Dead Tree Fell on Your Property?
When a dead tree
falls on your property, you likely will clean it up and deal with any damage on
your own. But, what if it is not your tree? What if, instead, it is your
neighbor’s tree that fell? Perhaps he or she did not take care of it. In that
situation, you may be wondering what to do about the damage to your property.
Your home or car could have been struck. Your fence may be flat. What insurance
is going to pay for this? Who is liable?
In most situations,
your insurance policy will provide coverage for this type of incident for the
damage to your property. However, if you can prove your neighbor was negligent
in caring for the dead or dying tree, it could easily become their insurance
company’s problem. Homeowners are responsible for acting reasonably in caring
for their trees and other property.
If a tree falls on
your property, it is a good idea to call your insurance company to discuss the
options. In fact, your insurance provider may handle any negligent claims on
your behalf (so they do not have to pay for the costs in the long term.)
However, if you believe your neighbors were in fact negligent in caring for
their property, you may want to file a policy report about the incident right
away. This works as a form of documentation to back up your claims.
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