Tree damage questions

sc_gardenerSeptember 24, 2007

Just need some clarification:

If you have a tree that falls on a neighbor's house or garage, they need to make a claim against their homeowners insurance to cover it, is that correct?

What about if a tree falls on your car (while in your driveway)? Is that covered by homeowners or car insurance?

Anyone had to deal with this?

Thanks.

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davidandkasie

your insurance covers damage on YOUR property, their insurance covers damage on theirs.

as to it falling on your car, i would call both companies and let them deal with it.

    Bookmark   September 24, 2007 at 11:11AM
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sc_gardener

Thanks, we have a tree hanging right over where we park both our cars. Thus the question.

    Bookmark   September 24, 2007 at 12:03PM
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Kimberlyinva

You need to check the laws for your specific state. Several states including VA have passed new laws concerning tree damage. In VA the tree owner is now responsible for the damage.
Not so sure how I feel about that. I see many beautiful trees now being removed in this area because of the new law...kinda sad.
KAT

    Bookmark   September 27, 2007 at 4:54PM
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sweeby

This happened to me a few months ago with my brand new car -- grrrr!

From my reasearch, this is what I concluded:

If the tree is visibly weak, sickly or damaged, the tree owners have a responsibility to assure that their tree doesn't cause damage to someone else's property. To not take any steps would be negligent, placing them at fault if something were to happen. If they are at fault, their insurance should cover the loss.

However, if the tree is leaning or visibly damaged and you park under it anyway, a very persuasive case could be made that you are the one who is being negligent, thereby placing the responsibility back in your court.

For damages to your car, your car insurance pays.
Homeowners insurance pays for damages to your home.

    Bookmark   September 27, 2007 at 9:41PM
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