With the change of weather here going on here in Virginia, I wanted to bring up a topic that I get asked a lot and it’s a touchy subject but one your homeowner’s insurance agent should be telling you. Not too long ago, my father-in-law asked me about a tree growing on a neighbor’s property. He asked me who was responsible for damage to his own house if the neighbor’s tree were to fall and damage his house? I wish I had a dollar for every time I am asked this but wonder just how many homeowners out there really know the question and will be upset when they find out the truth.
Here’s the simple answer but I will say there are special circumstances that will dictate on who pays. Side note, just because you may not like your neighbor doesn’t dictate a special circumstance…Sorry !
Your homeowner’s policy that you bought protects your property alone. Not your neighbors. It covers damage to your house, any additional buildings on your property along with other additional coverages that pertain to your personal property such as furniture, TV’s, clothing, etc.
If a tree falls on your house (or other covered property on your policy), basically, there is only one policy that will pay, and that is the policy that is assigned to the damage property. Here is the sticking point that causes friction. Your house was damaged by someone else’s tree. Guess what, it doesn’t matter. Your house was damaged, not your neighbors. His policy does not cover your property, only his. That’s about as simple as it gets. Now with that said, there are some exceptions. If the falling tree was deemed dangerous and the owner never took preventative steps to making the tree safe, you may have a case but more than likely you will still have to file a claim on your own policy and pay the deductible (although you may get that back down the road).
I hope this clears things up. This is the time of year when we see some tree damage. We have had wide-spread drought here in Virginia over the past couple of months but with the fall weather approaching and rain on the way, some trees won’t be able to absorb the change.
P.S. – If you feel that a neighbors tree is not in good condition and could pose a hazard to your home, I would advise you to bring it up to your neighbor and also to your agent. Take pictures of the tree as well to show the safety hazard it brings. This will go a long way in the future if there ever is an accident.
