This year has already brought a series of powerful storms. In July, Hurricane Beryl became the earliest Category 5 Atlantic storm on record, and in August, Hurricane Debby wreaked havoc across the Southeast before causing significant damage in the Northeast. According to the National Oceanic and Atmospheric Administration (NOAA), the remainder of the year is expected to be just as active. In their mid-season update, NOAA increased the forecast to 17-24 named storms, with 8-13 likely to become hurricanes. Since hurricane season lasts until November 30, homeowners in the path of these storms could face significant challenges. While flooding is a common issue during hurricanes and often isn’t covered by standard homeowners insurance, another frequent problem is falling trees. But what happens if a tree from your neighbor’s property falls onto your land, causing damage to your home, fence, or car? You might be surprised by the answer.
Who’s Responsible for the Damage?
Liability laws can vary by state, but generally, when a tree falls during a storm, it’s considered an act of nature. This means that in many cases, your neighbor is not financially responsible, even if it was their tree that caused the damage to your property.
In Maryland, for example, the responsibility for removing the fallen tree and repairing the damage typically falls to the owner of the damaged property. However, a homeowner can be held liable if it’s proven that the tree on their property was a known hazard and they neglected to address it. Often, this type of damage is covered by homeowners insurance, so it’s essential to review your policy to understand what’s covered. For instance, if you repeatedly warned your neighbor about a dead tree that posed a threat to your property, and they ignored your concerns, you might be able to hold them accountable. But if a healthy tree, or even a deteriorating tree that neither you nor your neighbor knew was dangerous, falls onto your property, you’ll likely be responsible for handling the aftermath.
Steps to Take When a Neighbor’s Tree Damages Your Property
If a tree falls on your property, whether it originated from your yard or your neighbor’s, your first step should be to contact your homeowners insurance company. They will assess the damage and guide you through the claims process. Before filing a claim, consider the extent of the damage. If the cost of repairs is less than your deductible, it may not be worth filing a claim. However, tree damage can be significant, so in many cases, filing a claim is the right move. If you have evidence that your neighbor was aware of the risk their tree posed, provide this information to your insurance company. They may pursue reimbursement from your neighbor’s insurance.
One important thing to note is that if a neighbor’s tree falls on your property and damages your car, your homeowners insurance may not cover the damage. In this case, you’ll need to file a claim with your auto insurer. If both your home and car are damaged, you may need to file two separate claims. It’s crucial to maintain an emergency savings fund for situations like this, as there may be out-of-pocket costs even if your insurance covers most of the damage. Additionally, familiarize yourself with your insurance policy to be prepared when damage occurs.
By understanding your coverage and knowing the steps to take, you can navigate the aftermath of a fallen tree with confidence.
