Insurance tips: If someone else’s tree falls on my property, why isn’t their insurance covering it?
The Office of the Insurance Commissioner’s Consumer Advocacy Program is a team of experienced insurance counselors who advocate on behalf of Washington consumers to answer questions and help resolve disputes with insurance companies.
Some of the questions our experts answer have come up more than once. Here’s one of those cases, about what happens when the wind brings down a tree on someone else’s property.
The case
During a windstorm, a large tree from my neighbor’s yard fell and landed on my garage. My neighbor owned the tree, so they should be responsible to pay for the damages. My neighbor gave me the name of their insurance company and claim number for the claim they opened — but the insurance company said my claim was denied. Why?
The response
If you are relying on someone else’s policy for repairs to your property, the settlement comes from their liability coverage. This coverage requires that their policyholder must be responsible (or liable) for your damages.
The most common reason trees fall is wind. Wind is considered an act of nature and outside a person’s ability to prevent the tree from falling. If wind is the main reason your neighbor’s tree fell onto your property, then your neighbor is not responsible for the tree falling — which means they don’t owe for the damage it caused when it fell.
What can you do?
If you are concerned about a tree on your neighbor’s property being in poor health or presenting a hazard, then you need to notify your neighbor. This notice must be in writing — either certified mail or email. You must provide this notice before any damage occurs.
By providing written notice to your neighbor, you are making them liable or responsible to act. If your neighbor fails to act, they would be responsible (or liable) for any damages you may sustain in the future.
What if you didn’t notify your neighbor?
If you have homeowners insurance or auto insurance with comprehensive coverage, then your policy would have coverage to help with repairs from the fallen tree.
Keep in mind that the damages are subject to your policy deductible. If you have a higher deductible and minimal damage, then it would be smart to cover the repairs out of pocket and not file a claim.
