Insurance Read Time: 2 min

Fallen Tree Damage—Who Pays?

As a homeowner, are you responsible for the damage caused by a tree on your property that hits your neighbor’s home or other insured structure, such as a garage or shed?

In most cases, the answer is “no.”

When such damage occurs to your neighbor’s home due to forces outside your control (e.g., weather events), your neighbors may have to file a claim with their insurer to receive a reimbursement for the damage a down tree or branches cause.

There is one exception, however.

If it is determined that the tree damage stems from your negligence (e.g., dead limbs that you refused to cut down, or you chose to trim your tree as a weekend project), then the neighbor’s insurer may come after you to recover their loss—a process called subrogation.¹

You may want to check your policy or speak to your insurance agent to ascertain if your homeowners policy covers your liability in cases of negligence.

When Neighbors Sue

Some neighbors may seek to bring legal action against you, though often that is unnecessary.

First, determine what municipal laws are in place to cover such instances. Generally speaking, you are not responsible unless you knew, or should have known, about the danger. Proving what you knew or should have known can be difficult and costly in a court of law. It typically benefits both parties to arrive at a compromise that avoids an expensive legal process.

1. The information in this material is not intended as legal advice. Please consult legal or insurance professionals for specific information regarding your individual situation.

The content is developed from sources believed to be providing accurate information. The information in this material is not intended as tax or legal advice. It may not be used for the purpose of avoiding any federal tax penalties. Please consult legal or tax professionals for specific information regarding your individual situation. This material was developed and produced by FMG Suite to provide information on a topic that may be of interest. FMG, LLC, is not affiliated with the named broker-dealer, state- or SEC-registered investment advisory firm. The opinions expressed and material provided are for general information, and should not be considered a solicitation for the purchase or sale of any security. Copyright FMG Suite.

 

Related Content

Keep Your Umbrella Handy

Keep Your Umbrella Handy

Umbrella liability can be a fairly inexpensive way to help shelter current assets and future income from the unexpected.

Making Sense Of A Home Warranty

Making Sense Of A Home Warranty

Understanding the value of a home warranty.

Social Security Benefits: How Much Will I Receive

Social Security Benefits: How Much Will I Receive

Calculating your potential Social Security benefit is a three-step process.

 

Have A Question About This Topic?







Thank you! Oops!

Six Surprising Facts About Retirement Confidence

This attention-grabbing infographic covers retirement topics you may not have considered.

Yours, Mine, and Ours: Estate Strategies for Second Marriage

Second marriages are a trigger event to revisit any existing estate strategies.

Investing with Your Heart

For some, the social impact of investing is just as important as the return, perhaps more important.

View all articles

Saving for Retirement

This calculator can help you estimate how much you may need to save for retirement.

Should I Buy or Lease an Auto?

This calculator compares the financial impact of leasing versus buying an automobile.

How Much Home Can I Afford?

With a few simple inputs you can estimate how much of a mortgage you may be able to obtain.

View all calculators

Managing Your Lifestyle

Using smart management to get more of what you want and free up assets to invest.

5 Smart Investing Strategies

There are some smart strategies that may help you pursue your investment objectives

Long-Term-Care Protection Strategies

The chances of needing long-term care, its cost, and strategies for covering that cost.

View all presentations

Jane Bond: Infiltrating the Market

Agent Jane Bond is on the case, cracking the code on bonds.

Finding the Balance

The sandwich generation faces unique challenges. For many, meeting needs is a matter of finding a balance.

The Power of Compound Interest

Learn how to harness the power of compound interest for your investments.

View all videos