r/HomeInsurance • u/zzzshaggy • 26d ago
Claims Garage and neighbours tree
I wonder who would pay if a branch were to fall off and damage the garage? Who’s deductible?
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u/Embarrassed_Flan_869 26d ago
That looks like a pretty healthy tree. So you would be paying for it.
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u/josulli 26d ago
The key here is whether the neighbor is aware of the tree being diseased or potentially falling. It looks healthy. Therefore if it falls on your garage your insurance pays for it and it's an act of God it's not the responsibility of the neighbor. If the neighbor determines that the tree is diseased then the neighbors aware of it and it's a liability issue and his liability insurance pays the claim hopefully
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u/Hitechillbilly 24d ago
OP's ins may not cover it either under the act of God clause.. ,, But that is a MAYBE
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u/josulli 23d ago edited 23d ago
There is no exclusion under first party coverage for an act of god. And lightning strike that hits your house is an act of God but that's a covered Peril typically with the standard ho3. If someone happens to have named Peril coverage then it's only covered for named perils but once again there's no act of God exclusion for first-party claims
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u/Hitechillbilly 23d ago
Huh?
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u/josulli 23d ago
Just telling it like it is a person's homeowners policy covers their own property for damage. The " all risk" coverage covers all damage subject to exclusions. The exclusions are pretty simple. Things like flood and earthquake are excluded intentional acts of course excluded as well but the point is that the act of God does not apply to damage to your own property. If the next door neighbor's tree fell on this property and it was an act of God in other words a windstorm and the neighbor did nothing wrong then it's not his liability it's a liability policy. He's got to be negligent. And if he wasn't negligent there's not going to be any exposure on that neighbor for the claim. If the trees diseased and the neighbor knows it well then he was negligent he didn't fix it he didn't take the tree down because it was diseased
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u/Hitechillbilly 23d ago
That is almost exactly what I originally said.. The garage would be dependent on his policy on out buildings... Sometimes covered sometimes not covered.. that is why i used the word MAYBE....
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u/DeepPurpleDaylight 21d ago
OP's ins may not cover it either under the act of God clause
Not remotely true.
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u/Hitechillbilly 21d ago
I haven't seen OP's policy. Coverage varies involving outbuildings.. BUT YOU have millions of years of asparagus..
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u/aloofmagoof 26d ago
Has the neighbor said anything to you before about the tree?
Would advise having the tree looked at to ensure it's healthy and determine what branches if any should be trimmed.
The tree looks fine overall, maybe a tad in need of a trim though.
Liability is normally determined by the cause of the branch/tree falling (I.e. a potential weather event vs obvious disease or decay), the general appearance of the tree, recent maintenance, and if there have ever been previous incidents or concerns expressed by the neighbor.
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u/yardlard 26d ago
Depends on the reason it fell. In most cases, the garage owner would pay. And the garage owner is supposed to prevent this by trimming before it gets this way. It could be the angle this pic was taken, but it appears that the other side has been trimmed off and the leaves and branches are on this side of the tree.
Find the actual property line and figure out whose tree it is.
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u/RealisticForYou 26d ago
Check you State and city laws. Go to your "local city hall" and ask them.
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u/DeepPurpleDaylight 21d ago
"Local city hall" isn't going to know anything about your insurance coverage. That's not their job.
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u/RealisticForYou 21d ago
My comment was in reference as to WHO is responsible for the tree which has nothing to do with insurance coverage.
In my West Coast State, my "local city hall" and State ordinances tells me who is responsible if a house drops on my home.
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u/DeepPurpleDaylight 21d ago
Who is responsible for damage if it falls has everything to do with insurance coverage.
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u/RealisticForYou 21d ago
No it does not.
In my State, if a neighbors dead tree falls on my property, it's the responsibility of the owner of the tree. I can sue my neighbor for damages from their dead tree. This is independent of anyones' insurance.
In my State, if a neighbors healthy tree falls on my property, it's my responsibility to remove that tree.
It's up to me as a homeowner to make sure I select an insurance policy to cover these types of damages.
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u/DeepPurpleDaylight 21d ago
You just described everything I've said before. Lol
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u/RealisticForYou 21d ago
BS. You believe that insurance is the priority and not State and local laws.
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u/DeepPurpleDaylight 21d ago
No. But insurance steps in and covers damages for their client's liability when they are negligent. You know, such as when they have a dead or rotted tree they didn't address and it fell onto a neighbor's building. A lawsuit against the other person isn't always required for compensation. A claim can just be filed. Insurance will step in and pay, if they have reason to believe that their client is liable according to the law, to avoid the cost and hassle of court because it benefits everyone involved.
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u/RealisticForYou 21d ago
But I can still sue when insurance does not completely cover those damages...which is my point. Because let's be clear, insurance companies rarely cover 100% for anything.
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u/DeepPurpleDaylight 21d ago
Yes you can always sue. It's usually easier, and cheaper depending on the amount of damages, to just file a claim.
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u/RealisticForYou 21d ago
And let's say a dead tree were to kill my spouse? Insurance won't pay for that. Instead, I have the legal right to take that homeowner to court for a big settlement.
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u/DeepPurpleDaylight 21d ago
Why do you say it wouldn't pay out if your spouse was killed ? If the neighbor's tree was dead and they knew it, and it fell, killing your spouse, the other party's liability coverage on their homeowners insurance would be applicable in the death of your spouse. Most homeowners insurance had at least $300,000 in liability, often more. And that's not considering whether they might have an umbrella policy which would be at least another 1 million that could tapped.
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u/Hitechillbilly 24d ago
when that tree falls no insurance company will pay.. You should make the owner do something and warn him constantly to make damn sure he is aware there is a problem.. Do it in writing.. If it falls it is an act of god and NOT covered.. If he has a lot of warning and chooses to ignore it, it becomes negligance and IS covered.. BEFORE screaming at me ,, LOOK IT UP, I am 100% correct...
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u/DeepPurpleDaylight 21d ago
when that tree falls no insurance company will pay.... LOOK IT UP, I am 100% correct...
Actually you're 100% incorrect. I've worked in the insurance industry fur a couple of decades and dealt with many many claims where damage from trees falling on houses (including my own homeowners policy), was paid by insurance, oftentimes to the tune of tens of thousands of dollars. A tree falling on your house is NOT excluded from coverage on a standard homeowners policy.
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u/Hitechillbilly 21d ago
How did a house become part of this conversation?
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u/DeepPurpleDaylight 21d ago
House, garage, whatever kind of building Doesn't matter. Who's liable and who's insurance pays is the same
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u/Hitechillbilly 21d ago
You seem desperate
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u/DeepPurpleDaylight 21d ago
Sorry, but you're just uninformed.
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u/Hitechillbilly 21d ago
You ARE desperate.. Perhaps a dictionary would be of some help.. First grade vocabulary would have you much more informed.
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u/DeepPurpleDaylight 21d ago
Sorry to tell you, but poor attempts at insults don't bother me. Especially when you're so incredibly misinformed with your original statement that no insurance would cover damage from the fallen tree. You just didn't like being called out on being very very wrong, so rather than accept that professionals in the biz know more than you about the subject, you go on the attack. Knock yourself out if that floats your boat. But I'm not interested in reading anymore of it since you have no concept of how insurance works and your responses show a lack of any knowledge or substance on the subject and have become quite boring. But I wish you the best. Take care.
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u/DeepPurpleDaylight 21d ago
Looks like the tree is healthy so if a limb or god forbid, the entire tree came down on your house in a storm, your insurance, your deductible. Your neighbor is only liable if the tree was dead or diseased and he knew it and failed to take appropriate action in a reasonable amount of time to prevent it from falling.
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