At least initially, your home insurance typically pays, even if neighbor's tree damages your house. But the answer doesn't necessarily end there, and it doesn't always begin at the instant when the branch knocks a hole through your roof. The details matter, so much so that it's a good idea to study property lines and the trees near them when you're considering which house to buy.
Here are the two most likely scenarios and how you would proceed:
A storm knocks your neighbor's healthy tree onto your house
Your home insurance typically would cover damage to your property, your home's structure, and its contents – minus your deductible. Only if your insurer finds evidence of your neighbors' negligence would the situation involve legal action.
A dead tree you have asked your neighbor to trim falls on your house
If you have written proof that you've asked your neighbor to trim the tree, liability for the damage could switch to your neighbor. In that case, your insurance carrier still initially would pay for the damage to your home. Afterward, your insurer could sue your neighbor for negligence; if it wins, your neighbor's liability coverage would pay your insurer for the damages – and possibly reimburse your deductible.
What does this mean? Your neighbor's home insurance wouldn't be involved unless the damage was directly caused by his or her negligence. And even that situation remains hazy. At least initially, you'll file your claim under your own home insurance policy.
Getting the most from your claim
We've listed some ways to simplify and expedite the process:
· Before the damage: Create a home inventory now. This should include a listing of your home's contents, with a description, the date items were purchased, the cost at that time, the estimated replacement cost, and a photo. Receipts are great, too. When the damage is done and it's time to make a disaster inventory, the process will be much easier if you already have an inventory in place.
· After the damage: Take photos of damage and list every destroyed item (along with the information about age and cost). Make two copies of your inventory – one for you and one for your adjuster. Here's where those receipts you collected for the home inventory can really pay off.
· Call your agent: Take a deep breath and call your agent. Be prepared to give a detailed description of the damage. Your agent will then schedule a licensed adjuster to inspect your property.
· Repair what you can: To prevent further home damage and avoid injury, make temporary repairs (by covering up roof holes with tarps or removing debris, for example). Your insurance carrier can reimburse you for these costs, within reason. Don't attempt extensive or permanent repairs until the adjuster has seen the damage.
· Secure an estimate: Before you start repairs, get a detailed estimate from a reliable contractor and give it to your adjuster. This estimate should include proposed repairs, repair costs, and replacement prices.
Avoid waiting for trouble
Don't want to strain relations with your neighbor, but don't want your house smashed either? Here are some tips to avoid disputes:
· Trim the tree: If you want to trim branches that cross your property line, talk to your neighbor about it. If you over-trim the neighbor's tree and it dies, you could have to foot a rather expensive bill.
· Ask nicely: If you've already asked and your neighbor hasn't responded, send a certified letter stating that he or she may be liable for damage if the tree falls on your property. This official letter can be used as proof of the neighbor's negligence should the worst happen.
· Find interested parties: If you truly feel that your family is in danger from the untended tree, you can sue your neighbor for negligence. But use legal action as a last resort – it might threaten the neighborhood dynamic and cost more than it's worth. Instead, get the homeowners association, the city, or your utility companies involved. Some cities will demand that the owner either remove the tree or pay a fine. If the tree threatens a utility company's equipment (power lines, for example), it might remove the tree for you.
No one wants to feud with a neighbor. If the trees overhead threaten injury or property damage, however, it's time to speak up. Calmly discuss the dangers that unruly, dead, or untrimmed trees could pose. If you don't, you'll simply have to knock on wood and hope that your neighbors' trees stay put.
Carrie Van Brunt-Wiley is the online editor for the HomeInsurance.com blog.
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