My tree fell on neighbor's property due to extreme wind. He has damage. Will his insurance company go after me?
by Author on Thursday, November 18th, 2010 | 3 Comments
Hi, is it my responsibility in this case? tree was not dying or something, just weather related. will I probably have to pay something in this case? if yes, will it be to the insurance company for their expense or to the neighbor for his deductible? Also (from the neighbor's point of view) is it like car insurance where if it is not your fault you do not have to pay deductible as his insurance company goes after my insurance company? In other words, is this a case where most likely THE NEIGHBOR will not be required to pay deductible? HIS DEDUCTIBLE IS HIGH 00. THANKS
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He or his company may TRY to come after you or your insurance company but they will have a real tough time collecting unless the tree was dying or damaged before and you knew about it and did nothing.
The key to this whole thing is that you are not automatically liable just because the tree is on your property.
The other guy will have to pay his deductible and that is his own problem. All deductibles apply to the policyholder no matter who is at-fault. He picked the high deductible and by doing so he gambled and lost. No way around that. Keep in mind that you don’t legally owe him a dime for the deductible unless you knew the tree was dying and likely to fall.
His homeowner’s insurance will probably file a claim with your insurance carrier. You should contact your carrier also and report the incident. I would expect you or your insurance carrier will pay the deductible.
No, they won’t.
It’s not your responsibility, legally. You didn’t cause the wind. You won’t have to pay. His insurance should cover damage from the tree to his property, your insurance covers damage from the tree to your property.
Yes, it’s like car insurance – if you put the claim in under your policy, you pay the deductible. But unlike car insurance, you can’t put a claim in under someone else’s homeowners policy.
The neighbor will be required to pay the deductible for the damage to HIS property. Just like if it was his tree that fell on his house, or the city’s tree that fell on his house.
OH, and if the tree just landed on LAND, and didn’t damage PROPERTY, then there isn’t any coverage at all.