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Home Insurance
Tree damage after a major monsoon in Phoenix, AZ Mark Skalny / Shutterstock

If a neighbor's tree falls on your property, who has to pay for the damage? Here's how to plan for the worst

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This year has already seen a host of named storms. In July, Hurricane Beryl became the earliest Category 5 Atlantic storm on record. This month, Hurricane Helene wreaked major devastation in North Carolina, while Hurricane Milton caused up to $47.5 billion in property damage in Florida.

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It’s common for homes to sustain flood damage during a hurricane, but unfortunately that’s not always covered by a standard homeowners insurance policy. Similarly, major storms tend to send trees flying.

But what if a tree on a neighbor’s property ends up falling into your property, whether by taking out a chunk of your fence, hitting your roof, or falling on your car? Who is responsible for the damage? The answer might surprise you.

Plus, here’s how to be prepared no matter what the answer is.

Who's liable for damages?

Laws regarding liability are more clear in some states than others, but generally speaking, when a tree falls during a storm it’s considered an act of nature. And in many cases, it’s not your neighbor’s financial responsibility, even if it was their tree that fell from their property onto yours and caused damage.

However, there may be exceptions to this rule. If it can be proven that your neighbor knew about structural problems with the tree, or that it was dead or rotted and they failed to do anything about it, then you may be able to pin them for damages.

For example, say you sent your neighbor a series of emails asking them to take down a dead tree that’s been teetering over your fence. If your neighbor’s response was an emphatic “no” each time, and you have that paper trail, you may be able to use it as evidence against them.

But if a healthy tree falls onto your property, or even an unhealthy tree whose issues were unbeknownst to you and your neighbor, then you might be the one who’s going to have to deal with the damage.

What to do when a neighbor's tree damages your property

If your property is damaged by a fallen tree, whether it originated from your property or a neighbor’s, your first move should be to contact your homeowners insurance company. From there, your insurer will generally assess the damage and have you file a claim.

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Depending on the extent of the damage, you may want to consider whether or not it's worth it to file a claim. If there’s minimal damage, it may not pay to file a claim if the cost of repairs is below the cost of your deductible. But since tree damage can be extensive, filing a claim does make sense in many cases.

If you have proof that your neighbor knew that their tree was a risk, that’s information you should provide to your insurance company. They can investigate and, if needed, go after your neighbor’s insurance to recoup the costs.

These things can happen to anyone, so it’s important to make sure you have the coverage you need at a price you can afford. BestMoney makes shopping for coverage fast and simple. Their easy-to-use platform helps you find the best home insurance rates in your area.

All you need to do is answer a few quick questions about yourself and your home, and you’ll see a list of quotes for you to compare. So, in just a few clicks, you can find the best policy for your needs.

One thing you should know, though, is that if a neighbor’s tree falls on your property and damages your car, your homeowners insurance policy may not cover it. That’s often a claim you’ll have to submit to your auto insurer. If a neighbor’s tree causes damage to your home and car simultaneously, you may be looking at two separate claims.

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Before something like this happens, it’s worth shopping around for insurance to make sure you’re not overpaying. Paying for peace of mind shouldn’t drain your bank account every month.

You can use OfficialCarInsurance to make sure you have the coverage you need to protect your car — and your finances — for less.

Just answer a few quick questions about yourself and your car, and in a few minutes, you’ll have a list of the most affordable car insurance rates in your area.

It’s also important to have emergency savings at all times in case things like this happen, because even with insurance picking up much of the tab, you risk certain out-of-pocket costs.

However, don’t just shove some cash under the mattress. Save smart, and stash that money where it can grow faster over time. Check out Moneywise’s list of the Best High Yield Savings Accounts of 2024 to find some great savings options, earning you more than the national average of 0.4% APY. Then, you can rest easier knowing you’re financially prepared for whatever Mother Nature has in store this year.

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Moneywise Moneywise Editorial Team

The Moneywise Editorial Team is a group of passionate financial experts, seasoned journalists, and content creators who are deeply committed to providing unbiased, relevant, and accurate financial information. With years of combined industry experience, our team is dedicated to maintaining the highest journalistic standards and delivering informative and engaging content. From personal finance and investing to retirement planning and business finance, we cover a broad range of topics to suit the financial needs of our diverse readership. You can trust the Moneywise Editorial Team to empower you with the knowledge and tools necessary to make wise financial decisions.

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