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Liability of tree damage from another yard.?
If a tree fell from our neighbors yard and hit our house or car, who's insurance would cover the damage, ours or theirs? I live in Oregon.
Just to make it clear, nothing has happened yet. I just saw the tree moving a lot in the wind and it got me wondering.
6 Answers
- JANLv 71 decade agoFavorite Answer
I believe it would come down to what made the tree fall on your house. Was it an act of God,like bad weather,then your insurance would cover. Did your neighbor hit it with his car or try to cut it down? Then I believe his insurance would be liable for your costs. I think it all comes down to cause as to how the cost gets covered.
- M M TLv 71 decade ago
The property owner to whom the tree belongs is liable for any and all damage caused by the tree. Now a lot of this depends on how co-operative the neighbor is. In a lot of cases where the owner co-operates, his home owner's insurance should pick up the entire tab for your damages, including a rental car to use while your car is in the shop. Damage to your home should be repaired immediately or at least enough to make it secure and weather tight with temporary repairs.
Now if the neighbor or his insurance company (these companies love to drag their feet!) doesn't get the ball rolling as quickly as the situation warrants, then you can contact your insurance company, they will send an adjuster out, pay for the repairs and collect the monies spent on the repairs from the owner's insurance company.
Some of this depends on the type and breadth of the coverage that the tree owner's policy has which in the event of a claim should not be your worry. That's when your insurances should step up, take care of the issue and collect from the other company.
- KalaLv 41 decade ago
This actually happened to me. I lived in a townhouse at the time with Bradford Pear trees in front of each house (they are weak trees to start). A big storm came through and split my neighbors tree in half and landed on my husbands truck. We called the insurance company (Allstate) and they said that it would be our insurance that would be covering the damage, not theirs. It's an act of God. It's been about seven years ago, but I believe it was to be covered under our home owners policy instead of the auto policy. It's best to make a call to your insurance who will give you the definate answer.
- 1 decade ago
It's up to them to keep their tree trimmed to a safe stste of condition.
Put in a claim against his insutance and if push comes to shove let your insurance company pay for it and his company will have to settle with them subrigation is a term they will have to bring up ask about it in your stste. but don't waste time write a follow up letter to every one involved.
If your neighbor doesn't coperate your company can find out his insurance don't get into a arguement with some jerk.
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- 1 decade ago
I agree with Kala contact your insurence company thats the way it is here in South Carolina
- 1 decade ago
well if its a branch from a tree in you neighbors home you have every right ( first consult your local council) to cut it off, but if it falls on your car it is likely that you could both pay as its their tree. but you could have prevented this from happening it you cut it off earlier.
my advise it to consult your local council to see how the situation could be fixed