Every year, storms are responsible for felling countless trees and limbs. Unfortunately, some of those fallen trees damage homes and other property. Cleaning up the damage from a storm can be a difficult task, both physically and emotionally, and things can become especially tense when you discover that it’s your neighbor’s tree that damaged your house.

Who pays for the damage?

The answer surprises many homeowners.

Who Pays If a Neighbor’s Tree Falls on Your House?

In most cases, your own homeowners insurance pays for the damage — even if the tree came from your neighbor’s yard.

When a healthy tree falls due to wind, lightning, or another natural event, insurance companies typically consider it an act of nature. That means each homeowner files a claim with their own insurance provider.

However, there is one major exception: negligence.

If you can prove your neighbor knew the tree was diseased or dangerous and failed to act, their insurance may ultimately be responsible.

Your Property, Your Policy

Generally speaking, if your property is damaged, you are responsible for the damages. It doesn’t matter if the tree or limb came from your property, your neighbor’s property, or even municipal property.

Keep in mind that a windstorm isn’t anyone’s fault; it’s an act of nature. If a tree does damage your property during a windstorm, your policy will cover the damages. After all, that’s why you purchased a homeowners policy—to protect yourself against unforeseen losses like a tree damaging your house.

Their Property, Their Policy

It might seem unfair that if it’s your neighbor’s tree that damages your home, you should have to pay. Fortunately for you, that standard applies both ways. If a storm rolls through and your tree falls and damages your neighbor’s house, his or her insurance is going to cover the damages.

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Tree Damage Scenarios Explained

Here’s how liability usually works in common situations:

Insurance policies vary, so always review your specific coverage.

When Is a Neighbor Liable for Tree Damage?

So far, these scenarios have been fairly straightforward, but what happens when it wasn’t a storm that fell the tree?

Instead, your neighbor’s tree was hollowed out from years of disease, and he’d neglected to do anything about it. In fact, it was so diseased that you expressed your concern to your neighbor that it might topple over and damage your property. Unfortunately, one day, that’s exactly what happens. What then?

Your insurance carrier is still going to be the one paying your claim. However, if you can prove your neighbor knew that the tree was diseased and that he or she neglected to fix it, your insurance carrier would probably attempt to collect from your neighbor’s insurance. If your carrier is successful, you could be reimbursed for your deductible.

Remember, though, this rule also applies the other way. If you have diseased or damaged trees on your property and they damage your neighbor’s house, he or she can try to prove your negligence. Your property is your responsibility, so it’s best to inspect your trees every year for signs of disease or damage. If you’re not sure what you’re looking for, consider having a professional arborist examine your trees.

Examples of potential negligence include:

• The tree was visibly dead, hollow, or severely decayed
• A certified arborist warned the neighbor the tree was hazardous
• You previously notified the neighbor in writing
• The neighbor failed to remove or treat a known dangerous tree

Even in these cases, you typically file your claim with your own insurer first. Your carrier may then pursue reimbursement from your neighbor’s insurance through a process called subrogation. If successful, you may recover your deductible.

Negligence cases can be difficult to prove, which is why documentation matters.

Other Structures

If the tree doesn’t damage your house but instead damages your fence, are you still covered? Generally, you are.

Most homeowners' policies distinguish between two different kinds of structures on your property. The “dwelling” refers to your house and any attached structures (like an attached garage), as well as any fixtures attached to the house. “Other structures,” including detached garages, sheds, fences, or gazebos, are also insured, but typically only for 10% of the coverage on your dwelling.

Dwelling vs. Other Structures

• Dwelling coverage protects your house and attached structures
• Other structures coverage protects fences, sheds, detached garages, and gazebos, usually at about 10% of your dwelling limit.

What If a Tree Falls on Your Car?

Homeowners insurance does not cover vehicle damage.

If a tree falls on your car, you’ll need comprehensive auto coverage. After you pay your deductible, your auto insurer will cover repairs.

The same applies to a guest’s vehicle. Their auto policy would respond.

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Does Insurance Cover Tree Removal and/or Cleanup?

What if the tree fell but didn’t hit anything? Would you be covered for removal costs? Tree removal is covered only in specific situations.

If the fallen tree blocks a path to your front door or driveway, then many homeowners' policies would pay for removal. Generally, the maximum coverage is around $500.

If the tree simply falls in the middle of your yard, your policy likely wouldn’t cover it. Unless the fallen tree damaged the insured property, there is no loss to file a claim for.

Replacement

Many policies provide limited coverage for trees damaged by:

• Fire
• Lightning
• Explosion
• Theft
• Vandalism
• Aircraft

Wind damage to trees may or may not be covered, depending on your policy. Coverage limits are typically modest and may apply per tree. Always review your specific policy language.

Does State Law Affect Who Pays?

Yes, state laws can influence liability rules.

While the “act of nature” principle applies broadly across the United States, negligence standards and property laws vary by state. Courts often evaluate:

• Whether the tree owner had prior knowledge of danger
• Whether the risk was foreseeable
• Whether reasonable action was taken

If you’re unsure about liability, your insurance advisor can help clarify your options.

How to Protect Yourself Before a Storm

Proactive steps can reduce disputes and financial surprises:

• Inspect trees annually for disease or decay
• Hire a certified arborist if concerned
• Notify neighbors in writing about dangerous trees
• Review your homeowners and liability coverage
• Confirm your auto policy includes comprehensive coverage

Preventive maintenance and proper coverage go hand in hand.

Making Sure You’re Covered

Hopefully, your trees grow and endure. In the event that they fall, it’s important to know that you’re covered. Contact Christensen Group Insurance today to make sure that you have sufficient coverage for whatever might blow your way.

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© 2016, 2019 Zywave, Inc. All rights reserved. This Know Your Insurance document is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel or an insurance professional for appropriate advice.