Fallen Trees and Insurance: Who Is Responsible?

Q. During a recent storm, a neighbor's large tree fell into my yard, causing a mess that will cost thousands of dollars to clean up. The neighbor tells me he is not responsible for the part of the tree in my yard. Shouldn't his homeowners insurance cover the cost?

A. In general, a standard homeowner's policy does not cover the removal of a fallen tree due to a storm unless it damages insured property. This includes your house and other items, such as a fence or garage. If the tree simply falls during a storm and doesn't hit anything, the cost of removing it is generally not covered.

Here's an explanation from the Insurance Information Institute: "If a tree hits an insured structure, a homeowners policy covers the cost of removing the tree, generally up to about $500 to $1,000, depending on the insurer and the type of policy purchased. If the fallen tree did not hit an insured structure, there is generally no coverage for debris removal. However, some insurance companies may pay for the cost of removing the felled tree if it is blocking a driveway or a ramp designed to assist the handicapped."

An Insured Structure Is Damaged

If your neighbor's tree does hit your house, you have to file a claim under your homeowner's policy even if you weren't the owner of the tree. Unfortunately, there's probably a deductible and possibly a limit on the amount your insurer will pay.

These are the general rules. Check your policy or consult with your agent to see what's covered. For example, some policies pay for removal if a fallen tree was struck by lightening or is blocking a driveway.

Another exception: Let's say your neighbor's tree was dying and leaning precariously toward your property. You notified him in writing and asked that the hazard be removed. He ignored the request. Since the tree later fell, you may have some recourse against your neighbor.

Keep records of this correspondence in case you have to recover damages. High winds and heavy rains can topple trees and cause massive, expensive damage. Look around your property to ensure there are no potential hazards — and if there are, notify your neighbor in writing.