Last evening my neighbors tree split at the trunk and landed on my house and 20' enclosed utility trailer parked next to my house. Just getting my head wrapped around this and am starting to review my policy with regards to wind damage and acts of a deity.
My question is ( assuming no loss coverage for my trailer in my policy) considering this tree has been shedding large limbs and is rotten to the core( although green up top) does my neighbor have any liability with regards ignoring a dying tree and it now damaging my property? Less than 2 months ago the remnants of a forked trunk from the tree split and fell towards the street to where the city had to clear it up before the homeowner did anything about it.
I walked over to the downed tree at the base and can grab fits fulls of decay from the exposed trunk. Basically it was rotten to the ground.
Neighbors rotting tree fell on my property/ house. FL east coast, Hurrican Helene.
byu/shroomsmoke inInsurance
Posted by shroomsmoke
11 Comments
Nope.
It’s your tree now.
Do not ever mix up bird law with tree law.
Unless you notified your neighbor of a defect in the tree and they failed to address it in a timely manner, they are most likely not liable. Especially since it was a major hurricane that caused the tree to fall.
Your home insurance should cover the damage to your property. You’ll need to read your policy as most home policies will include a small amount for trailers. On the standard home policy, the coverage is capped at $1,500.
If the tree damaged a covered structure, then the removal will most likely be covered up to $500 per tree up to a max of $1,000 per claim.
Again, you’ll have to read your policy to find the coverage specifics for your insurance.
This is a tree law question first, then an insurance question second
Google “Florida tree liability” to see any potential notification and documentation requirements before the tree fell then go from there
if you/neighbor hasn’t met the requirements for them to be found liable if it ever went to court, then just use your own policy
If the tree is rotten/unhealthy (like you stated) it is your neighbors responsibility. If it was healthy & fell on your property it’s your responsibility. This is in Illinois. Not sure about Florida.
The kneejerk reaction for this sub is “not unless you notified the neighbor”. But that’s not applicable in your case because the tree seems to have been pretty clearly a hazard to a layman. If there was an earlier limb that fell because of the damage and revealed a lot of rot, that means that the other owner either knew or should have known that the tree was a hazard. Now if they had it scheduled for removal, that might give them some room here, but I think that you at least have a chance for their liability coverage to pay. I’d document everything and let the neighbor know that you intend to file a claim on their policy.
You’ll get the fastest service from your own insurer. Once the claim is resolved they’ll most likely pursue recovery from neighbor/his insurer. Good luck!
Trees falling in a hurricane is not unusual. You’re on the hook
This hurricane had 140-mph winds at its core when it made landfall. I have a feeling a lot of strong, healthy trees fell as well. Your own insurance is going to be your best bet since this will almost certainly be seen as an act of God.
You homeowners insurance will cover your home and see if they have grounds to go after your neighbor
Hurricanes blow live trees over just like dead trees.
The other responses are spot on.