To say that the weather hasn’t been the most cooperative as we begin our Central NY summer is an understatement! Lately, there have been some pretty hefty storms throughout Central New York. Downed trees on top of cars, house damage, flooding. Sometimes I do get calls like “Hey, how come they’re not paying for my roof when a tree fell through it?”
You can send those emails, because usually all homeowners’ insurance covers you if the tree falls on your property, and your car it should if you’ve got collision it falls on it. But if you don’t have a collision and a tree falls on it you might be out of luck. If a trees fall on your property and you don’t have the right coverage, then to remove those trees might not be covered. Those are all issues specified in your insurance policy.
And what if it’s your neighbor’s tree? I’ve had cases where people call and complain where a tree fell, it was a neighbor’s tree and it crushed their car and they didn’t have collision. In that case, you’ve got to prove that the tree, trees are always a tough case by the way, but that the neighbor knew or should have known that it was dangerous, that it was half dead. For example, if it just comes down as a result of a freak storm and it’s their tree but it falls on your property, it then becomes your tree. It becomes your problem. If it falls on your house however, it’s covered with your homeowners’ policy.
“…you’ve got to prove that the tree, trees are always a tough case by the way, but that the neighbor knew or should have known that it was dangerous, that it was half dead.”
If it falls on your car, it’s covered by your car collision coverage if you have it. If you don’t have either, that’s an interesting question. If the tree falls on your property and you don’t have homeowners coverage for removal of trees, but your neighbor does, does his company have to clean up the tree that fell on your property? I never had that one. That’s a new one, but I’m sure it’s happened.
If it’s a neighborhood tree that’s not clearly on an individual’s property, then who’s responsible for it if the neighbors want it removed? It’s really a debate and not always cut and dry. The bottom line, trees you need to keep track of to make sure they’re healthy. Because a lot of them they give you warning signs. You really don’t want to be in the line of fire of a tree that’s 100 feet tall.
Always feel free to email any question you may have and I’ll do my best to respond. Email me at Jo*@***************es.com or phone 1-800-608-3333, Stanley Law Offices.com is also our website and we answer many frequently asked personal injury questions on there for you in advance. If you’re seriously injured, every initial consultation is FREE and we only get paid when we win your case.
Your Neighbor’s Tree Falls and Hits Your House
Discovering that a tree has fallen onto your home can be startling and devastating. If you are in your home when the tree collapses onto it, you could face serious injuries or even death. Many people are understandably unsure who is supposed to handle the damages when a tree falls into the yard or on their home. In most cases, your home insurance will cover the damage to your home when a tree falls, even if it was your neighbor’s tree.
The tree falling on your home is considered an act of God or an act of nature that could not be prevented. Unless your neighbor had a severely damaged tree and refused to remove it even after you ask them to take it down, there is no way they could prevent their tree from falling. In most instances, if the tree hits your house, regardless of who owns the tree, your home insurance will respond and cover the repairs to your home.
Repairing your home after a tree falls in it can be expensive. In many cases, repairing a home after a tree has fallen on it can exceed $200,000. Additionally, you will be unable to live in your home while they repair it for several months, especially when the damage is serious. You will need the insurance company to pay for a hotel or to help make other arrangements.
A Tree Falls on Your Car While You are Driving It
A tree falling on our car while driving is one of the scariest experiences we can encounter as drivers. Heavy winds can cause a tree to collide with a vehicle at nearly any point. Due to the large size and weight of the tree, the tree can cause serious damage, resulting in a car being totaled. If you have car insurance, your car insurance policy should cover a tree falling on your vehicle.
Working with an attorney can be helpful in this scenario because your attorney can ensure that the insurance adjusters fairly estimate the value of your car. If you would rather receive a check for your car’s current value and not repair it, an attorney will negotiate with the insurance company to help you achieve an outcome that is fair.
A Tree Falls on a Car While it is Parked and Empty
Suppose your neighbor’s tree fell onto your car while you were not in your vehicle. Alternatively, suppose your neighbor’s tree fell onto your shed. In these cases, your insurance policy should cover the damages. Again, the tree falling is considered an act of nature that could not be prevented., unless your neighbor had a severely dangerous and damaged tree and you have proof that you asked them to cut it down. You will need to pursue compensation through your auto insurance or home insurance policy. Damage to your shed may or may not be protected through your home insurance policy. An experienced lawyer can help you determine what your rights are.
Your Neighbor’s Tree Falls and Lands in Your Yard
If a tree falls in your yard and does not damage anything or injure anyone, this is a best-case scenario. The incident could have been much worse. However, you may still have expenses regarding cleaning up the tree and damage to your fence. Unfortunately, home insurance typically does not cover damage to your yard. Home insurance policies specifically cover damage to your home.
There are some extensions that certain insurance companies will include, but in most cases, if a tree falls, even if it is due to a storm, it is a property maintenance situation. In other words, you will need to pay for the cleanup of the tree yourself. There is an exception, however. If the tree had been sick, damaged, or dangerous before the storm happened, it is possible that you could have a claim against your neighbor. In other words, if your neighbor’s negligence caused damage to your property, you could be able to bring a claim against your neighbor for the cost of cleaning up the tree.
Why You Need an Experienced Lawyer on Your Side
Suppose a tree fell on your home, shed, or car, and you have the right home or auto insurance. You may assume that the insurance company will cover all of your damages because you have taken out a policy for circumstances like these. Unfortunately, even if you have a legitimate claim with the insurance company, the adjuster supervising your claim may not provide you with the total amount of compensation you need. Insurance companies are for-profit institutions, and they will try to pay out as little as possible. Having an experienced lawyer on your side will help you maximize the settlement amount for your claim.
Discuss Your Case With a Skilled Lawyer
At Stanley Law Offices, our New York lawyers have extensive experience successfully negotiating with insurance companies. We will hold them accountable and negotiate aggressively with them to help you obtain all of the compensation you deserve for your property damage and other expenses related to the incident. Our lawyers will handle your claim from start to finish while you focus on repairing your home. Contact us today to schedule your free initial consultation. 1-800-608-3333
