What do you do if your property is damaged by a neighbor's fallen tree? Who's responsible [The Charlotte Observer]

Property damage from trees can occur after a tropical storm or hurricane, a winter ice storm or just an afternoon thunderstorm.

When the trees are on your property, the first step is typically to contact your insurance company. But what about when the trees causing damage on your property are your neighbor's trees? Who's liable for the damage? Will your homeowner's insurance cover the damage?

In most cases, homeowner's insurance (or insurance for whatever other property was damaged, such as a boat) will cover the damage, no matter whose tree it technically was that fell -- as long as you actually have insurance for the property and haven't let it lapse, Andrew Branan, a lawyer and extension assistant professor at N.C. State University, told The News & Observer in a previous report.

But keep in mind:

You'll need to read your insurance contractto verify that such events are covered, but it's a good bet that they're covered as an act of God. Liability for the tree falling may or may not be assigned, and your insurance may or may not seek money from the tree owner, depending on "the extent of the damage suffered by the injured party," and whether an event damaging the tree was foreseeable, Branan said.

What if the falling tree was due to a neighbor's negligence?

For a landowner to be found negligent or liable in the event of their tree falling across property lines, they are "under a duty to eliminate the reasonably foreseeable danger a tree may pose to adjoining property," Branan wrote on an N.C. State Extension website.

There are several factors that may contribute to the tree owner being found negligent for the tree falling, Branan said.

For example, if the tree that fell had been damaged for some time, and a weather event that damaged the tree or caused it to fall had been well documented in advance, a "trier-of-fact" -- such as a judge or jury -- "could find that the owner acted unreasonably in waiting for the tree to cause damage, and could therefore assign the owner liability for the damage and removal," Branan previously wrote. In any case, if you notice a neighbor's tree seems precarious or you think it could cause damage, it's a good idea to document those things, in case the information is needed later.

Talk to neighbors about problem trees or limbs

It's a good idea to talk with your neighbor about problem limbs or trees before damage occurs, if possible.

What if the tree fell on your car on the street?

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.

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

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