Who pays when a tree falls on your property?

May 5, 8:43 AMNY Consumer Affairs ExaminerAsa Aarons

When a storm knocks down a tree, homeowners tend to ask the same question: Who is responsible for the damage to my house/car/patio furniture? Carollee Cabot, an insurance specialist at the Rollins Agency Inc. in suburban New York City, said storm damage is typically covered by homeowners’ insurance policies. However, the specifics of coverage vary.

Some policies will pay for removal of fallen trees, but others will only pay if the tree caused damage to your house, garage or other structure. A few pay for damage to lawns, trees and shrubs, although they usually limit coverage to about $500, regardless of how many trees or shrubs were damaged.

Many homeowners are disappointed to find their neighbors have limited liability for damage caused by their trees. “It’s usually your problem,” Cabot said. It doesn’t matter whether the tree or its limbs had overhung the property line. What matters is whether the neighbor was negligent. If he was careless, he can be held responsible. But if the damage was from an act of God, then he’s not.

Say you warned the neighbor about a dead or dying tree. If he failed to maintain it, then he has liability for the damage. If, however, the tree was well maintained and just fell, with no advance warning, it’s a different story. If it damaged your house, you generally have coverage from your homeowner’s policy. If it damaged your car, you’ll have to call your auto insurance company.

Cabot said to think carefully before filing a homeowner’s claim, unless the damage is significantly more than the deductible on your policy. Since property insurance carriers consider the frequency of claims, you could end up paying higher rates for years to come for filing a relatively small loss.