Tree from one property falls on another property - who is responsible?

Question

General question.  who's insurance is responsible if a tree from one property falls on a car or house of another property?

Steve K. · Answer

I've had this happen several times. Unless the neighbor can prove that they warned the property owner with the tree that the tree was a hazard/ asked them to cut the tree (in writing, ideally certified mail or an email that shows it was received) because it was dead and in danger of falling, and can prove the owner was negligent in not taking action, then it is the person whose property the tree fell on who is responsible for any damage to their property.

Mila F. · Answer

In GA, it's on the owner of the property where the tree had landed, and it is not a responsibility of the tree owner, unless there is a documented case of negligence.

We just dealt with this over the last Christmas, when we had strong winds and deep freeze. A neighbor next to one of our rentals sent me a text saying "No thank you, we already have a Christmas tree!" . He attached a photo of our pine tree resting on top of his newish truck. By law, taking care of all of the damage, including the tree removal/cleanup, would be on him. Being a great neighbor he is, he didn't ask for anything. Regardless, we had our tree crew there within an hour and had everything cleaned up at our expense. We also wanted to cover his auto insurance deductible, but he wouldn't accept it. Bottom line - there is law, but it also makes sense to have happy neighbors, especially with rentals.

Dave Skow · Answer

@Todd Kozak- the owners of the property where  tree is planted / located

Matthew Ollis · Answer

If a neighbors tree falls on your property, unfortunately it is still your responsibility

Colleen F. · Answer

@Todd Kozak If the owner was negligent, could be the owner of the tree. However a normal healthy tree falls due to excessive water or wind it is whoever it falls on, at least in my state. If a tree falls on your car unless you can prove the tree owner was negligent that is on your comprehensive insurance (not collision) so hopefully in that case you have it.  This is from direct experience with several falling trees.  One on our house, one on our garage, one on our tenants car and one at a condo on a roommates car who did not have comprehensive insurance. In all cases it was on the car or house owners insurance.

Jill F. · Answer

Here are my 2 experiences: It depends on if it is "an act of God" or negligence on the part of the tree owner. The insurance companies will fight it out and split up the cost. We had a black Cherry fall on a tenants car. The cherry was actually in bad shape according to an arborist but because it looked ok with green leaves, we had no way to know it was dead short of being a specialist, so they said we weren't negligent and the tenant's insurance would have covered his car had he had it insured (we credited him a month's rent). We had a neighboring property regrade and cut into a bank and cut out the root system of trees on the edge of his property. The next storm the tree fell on our roof and he claimed the storm was an act of God that caused the tree to fall. Our insurance turned it over to their suborgation team. He ended up settling with our insurance company for part of the damage and we got half of our deductible back

Bjorn Ahlblad · Answer

Generally it is the responsibility of the property owner on which the tree is located. An overhanging branch however will generally be the responsibility of the property owner over which the branch hangs. All the best!

Chris Seveney · Answer

@Todd Kozak

Unless there was a prior written complaint against the tree then no one is at fault and your insurance will need to pick up the bill. No different if a hurricane hit and blew a treee into your house - your insurance will pay for it

Colleen F. · Answer

@Todd Kozak  STATE specific.  Check your laws. Washington and maybe some other states are going to hold the tree owner responsible (what a mess in a storm).  In NJ, RI, and MA my experience was you have to be negligent for it to be on the tree owner. Check your state law.

Leo R. · Answer

@Todd Kozak I'm not an insurance agent, so I might be completely wrong, but typically it's the responsibility of the person who owns the property where the tree was located.

Also, if a tree on your property falls on your own house, your insurance may cover that, but they may also inspect the tree--and if they find that the tree was rotted and should have been professionally removed before it fell, they may not cover you....I would imagine this might also apply to scenarios where your tree falls on someone else's house (but again, I'm not an insurance agent, so you'll want to talk with someone in insurance...there are probably quite a few insurance pros here on the forums.)

Tree from one property falls on another property - who is responsible?

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