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If a neighbors dead tree in their yard falls and hits another neighbors house

Posted on 3/29/20 at 11:49 am
Posted by NPComb
Member since Jan 2019
27359 posts
Posted on 3/29/20 at 11:49 am
Who is responsible for damages?
Posted by wickowick
Head of Island
Member since Dec 2006
45811 posts
Posted on 3/29/20 at 12:01 pm to
Document the dead tree via a certified letter and then if it falls, it is a liability claim against the tree owner’s homeowner’s insurance.
This post was edited on 3/29/20 at 12:02 pm
Posted by NPComb
Member since Jan 2019
27359 posts
Posted on 3/29/20 at 12:25 pm to
Thank you, Wick!
Posted by DukeSilver
Member since Jan 2014
2722 posts
Posted on 3/29/20 at 12:28 pm to
Wick is correct. If the tree is dead and it is documented correctly and the homeowner who owns the tree did not mitigate that hazard then it’s on them.

Random healthy tree falls over during storm? Then you’re on your own.
This post was edited on 3/29/20 at 12:29 pm
Posted by LSUengr
Baton Rouge
Member since Sep 2005
2335 posts
Posted on 3/30/20 at 9:38 am to
To further expound, documented correctly may need to be by an aborist unless it is abundantly clear by a common person that the tree is dead.
Posted by CoachChappy
Member since May 2013
32543 posts
Posted on 3/30/20 at 9:58 am to
Let’s say, I’m the homeowner with the dead tree. The letter comes to me. Do I have to come out of pocket or could my homeowners insurance pay for the removal of the tree?
Posted by Hermit Crab
Under the Sea
Member since Nov 2008
7167 posts
Posted on 3/30/20 at 10:13 am to
Depending on the size of the tree it is probably better to just pay for it yourself rather than a deductible and increase in rates
Posted by CrawDude
Baton Rouge
Member since Apr 2019
5267 posts
Posted on 3/30/20 at 10:27 am to
quote:

Do I have to come out of pocket or could my homeowners insurance pay for the removal of the tree?

Pretty sure out of pocket. Had a friend check on this with his insurance company regarding dead pine tree removal (pine beetles), he’s was told out of pocket, but no issue with paying for repairs if said tree fell and damaged his house. This was a few years back.

Now, a number of years ago (30+) I had a massive red oak tree hit by lightning which killed the tree, my policy (State Farm) paid a max of $500 towards the tree removal, which at the time cost me $1,500. Whether that was a result of the tree being killed by by a lighting strike, vs some other form of death, I just don’t remember.



Posted by wickowick
Head of Island
Member since Dec 2006
45811 posts
Posted on 3/30/20 at 11:00 am to
In most states, trees have limited covered under a homeowner’s policy, for the most part, that is fire and lightning and typically have a limit per tree of $500.

Unless the tree can be verified to have been hit by lightning, typical lightning strike signs, there would be no coverage for the tree removal.
Posted by baldona
Florida
Member since Feb 2016
20458 posts
Posted on 3/30/20 at 11:05 am to
quote:

Let’s say, I’m the homeowner with the dead tree. The letter comes to me. Do I have to come out of pocket or could my homeowners insurance pay for the removal of the tree?


Insurance is almost as in 99.9999% of the time not going to cover preventative work. You can't say my pipes are 100 years old I'm bound to have a leak. Its your job to fix your pipes before they leak. Same thing with trees. If you have a dead tree, its your job to fix the dead tree. Furthermore, if you knew about an issue and don't fix it insurance may not cover you.

If you knew a tree was dead and you were told to cut it down, and then it falls on your house...you may not have coverage.

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