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Who is responsible if a neighbor’s tree falls into my yard and damages my property?

undefined-4This information is largely based on provisions contained in the typical homeowners policy sold in Missouri. (4/91 ISO HO-3) Many large insurers offer a standard homeowners policy with even broader coverage. Your policy may contain riders that either expand or reduce your coverage. The Department of Insurance, Financial Institutions and Professional Registration strongly encourages you to contact your agent or insurer before disaster strikes regarding specific questions you may have about your policy and coverages. If you know you have damage that exceeds your deductible and you want to process a claim, you should promptly contact your company. Once a loss is reported it becomes a permanent part of the policy record regardless of the amount of the payout or the type of loss.

  • Generally speaking, a homeowners’ insurance provides some coverage for the removal of trees from the premises if the tree damages your home or other insured property. That coverage includes removing a neighbor's tree that fell on your property. It doesn't matter who owns the tree, just that it causes damage to an insured building or fence. Some insurance companies place a limit on the amount of coverage for tree removal, for instance, $500. Check with your insurance company for more information.
  • The same applies to costs for removal of debris or repairs for an auto damaged by falling branches: the owner of the property damaged should file the claim, not the owner of the tree. In regards to auto insurance, you must carry comprehensive coverage in order to have coverage available for fallen limbs or trees on vehicles. No coverage is available for fallen trees or limbs if you only have liability coverage on your vehicle.[1]
  • If your neighbor’s tree was dead or diseased and they are accused of negligence for not removing the tree earlier, assigning responsibility for the damage is more complicated, and you should consult your agent.

No matter the situation, using a certified tree arborist with years of experience like St. Louis Tree Pros is your best bet when trying to limit the damage and to safely remove the fallen tree. Call us at 314-312-1331 to request a free estimate.


[1] Missouri Department of Insurance - “Winter Storm FAQs”
        
Winter Storm FAQs | Missouri Department of Commerce & Insurance (mo.gov)