If a neighbor’s tree falls on your car in NC, who’s at fault? We asked a lawyer. [The News & Observer (Raleigh)]

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When storms or other weather force trees and branches to fall, there’s a good chance they’ll land on things in their way — without regard to property lines.

That may result in a neighbor’s tree damaging your property, including vehicles.

If your car is damaged in that way, you might have a few questions: What are your rights in the situation? Will the damage be covered by an insurance policy? Can your neighbor be held responsible for the incident?

We recently heard from a reader who wanted information on tree damage to cars, including scenarios in which the damaged cars are parked on the street.

To understand the answers to those questions and more, The News & Observer spoke with Andrew Branan, a lawyer and extension assistant professor at N.C. State University.

Here’s what we learned.

Note:This story and the advice Branan provided should not be treated as legal advice. If you experience a scenario described below and have questions, it’s a good idea to contact a lawyer of your own for advice specifically related to your situation.

What should I do if a neighbor’s tree fell on my car?

If you notice that a neighbor’s tree has fallen on any of your property, including your car, you might be wondering: What should I do first?

Branan recommended contacting your homeowner’s and vehicle or auto insurers as a first step if a neighbor’s tree falls on your car.

Most likely, if your car was outside of your home — that is, not inside a garage or other structure — the damage will be covered by auto insurance. In some instances, if your car is damaged while it was in a garage or other structure, home insurance may cover the damage if your policy considers the car to be contents of the home.

In any case, you should check with your insurance company to see what’s covered under your policies.

Hopefully, Branan said, the damage will be covered by at least one of the policies.

“Generally, it is my understanding that the insurance company treats a tree falling (even one rooted on a neighbors property) as an ‘act of god’, an accident outside the control of the insured,” Branan said.

You’ll likely need to fill out and provide documents to file your insurance claim. Your insurer should tell you about any requirements.

Is my neighbor responsible if their tree falls on my car?

Branan said there’s a sparse legal record regarding this issue, but as far as he can tell, the North Carolina Court of Appeals “has suggested that evidence of negligence may be admissible to hold a neighbor accountable for damages” caused when their tree falls on someone else’s property.

“What this means is that a jury could theoretically find that the neighbor could have negligently decided to ignore a problem tree” that then caused damage to your property, Branan said.

The concept of negligence in these cases and others is largely based on foreseeability, Branan said, such as whether it was “only a matter of time” before the tree caused damage, or whether a “reasonable person” would or would not have taken steps to avoid having the tree fall on someone else’s property.

If a judge or jury were to find that the neighbor was negligent, there would need to be facts supporting that. Those facts might include how “obvious” it was that the tree was a problem or posed a risk, how the tree was leaning, whether the tree was dead or diseased and more, Branan said.

What about cars parked on the street?

Branan said he doesn’t believe the location of the car — whether it’s on the street, in a driveway or somewhere else — would prevent a jury from potentially finding that the neighbor was negligent in their actions, or lack thereof, with the tree. And, again, your auto insurance should cover the damages, regardless of whose tree fell or where.

Can I legally cut limbs from a neighbor’s tree in NC?

Some of this issue may involve trees on your neighbor’s property that, in your opinion, clearly pose a risk to your property — that is, the branches are hanging over your property, or the tree has damage that might cause it to fall.

To prevent those branches or trees from falling, you may have an urge to cut or trim them before they pose a serious problem or cause damage.

But are you legally allowed to do that?

Branan previously addressed that question and more for The News & Observer and in an article he wrote for N.C. State Extension.

While there’s no clear-cut answer, Branan generally believes that if a neighbor’s branch or tree is encroaching on your property, you may have a right to trim them — but you could assume legal risk and liability for damaging the tree by doing so.

The solution? Before you grab your chainsaw and cut any limbs off your neighbor’s trees, ask your neighbor and discuss the issue with them. You may come to a solution that keeps you from assuming those legal risks by cutting the limbs yourself, and that keeps the neighbor from assuming negligence later, if the tree were to fall across property lines.

There may also be local ordinances or homeowners’ association policies that govern whether you can trim limbs or cut trees. Consult those before taking action, too.

And, Branan added, you should never trespass onto someone else’s property to cut or trim limbs.

More information

More information about these topics can be found in an article Branan previously wrote for N.C. State Extension at content.ces.ncsu.edu/tree-fall-liability-who-is-responsible-for-property-damage.

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