(who pays for the damage?)

I can’t tell you the number of times this question has come to us over these many years I’ve been in this business. 

Here’s the question: “My neighbor’s tree just fell on my house during last night’s storm and I have damage to my roof.  Do I have any responsibility for the repair since the tree is on my neighbor’s property? “ (the same question can be asked replacing “house” with “car, shed or fence.”)

We get a lot of straight-line winds in our area and they can cause real havoc to trees both large and small.  As you know from reading this blog, there is ALWAYS an insurance connection!!!!

Most of the callers think that the neighbor’s liability insurance from their home policy should cover the damage.  The true definition of liability coverage is that it protects against bodily injury or property damage when an insured becomes liable – in this case – your neighbor!

You first look at whose FAULT it was or who was NEGLIGENT in this event.  If the neighbor’s insurance coverage is applied, the neighbor has to be negligent in some way.  Did the neighbor cause the storm or physically push the tree down?  That’s not a hard answer – right? NO!  Therefore, they would NOT be liable for this loss.

The neighbor could be liable if the tree is DEAD.  The neighbor didn’t take care of their property or cut the dead tree down.  Therefore, that fallen tree on your house would be THEIR FAULT or THEIR LIABILITY.

So who pays for your damage?

It falls back in your lap to file an insurance claim under your home insurance (or car insurance if it was your car)! You would have a claim for possible dwelling (structural) / other structures or personal property coverage depending on what’s damaged.  Then, you face a deductible from your own insurance policy that YOU have to pay.

We suggest that you pay attention to the surrounding property that you don’t own.  If a neighbor has a dead tree leaning in your direction – just waiting for a good windstorm to blow it down onto your property, be an above-average neighbor by bringing it to their attention.  You now know that falls over because it’s dead, your neighbor has to take care of it.

I often tell our clients that education is a big or bigger responsibility than what we do these days because of issues like the above.  We’re here to help you navigate through it all and are glad to do it. 

We’re available in a number of ways.  TEXT or CALL us at 615.377.1212; email us at info@BentonWhite.net or visit our informative/service-based website – www.BentonWhite.com.  We’re here and ready to serve you for the insurance needs that you have.  We always say – we will EARN your business – not just write it.  Let us know if we can help you.  And if you aren’t with us now, COME ON OVER! We’ll shop companies for you and find competitive pricing and service that will be hard to match.

Thanks for reading the blog.  It’s our pleasure to keep you updated with a variety of information in this format!