by FDubya on July 2nd, 2006

FDubya

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If a healthy tree that did not pose an immediate risk to adjacent property falls and causes damage to a neighbor's property, whose insurance is responsible?

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Answers. 10 helpful answers below.

  • by Account Closed on August 3rd, 2008

    Account Closed

    Every state has different laws for this type of situation. You can call the city hall in your area and they can give you the information you need.

    To avoid hard feelings it is best to find the legal course through your local city hall.

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  • by Joe-Speedy on July 3rd, 2006

    Joe-Speedy

    There is not enough information here. Did the wind blow it down? I think (and I am not a lawyer) if it is your tree causing damge to some one else property, then you have an obligation to make ammends.

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  • by Babycakes on August 3rd, 2008

    Babycakes

    It's your tree....your responsibility.

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  • by Yeahwell... on May 4th, 2007

    Yeahwell...

    I would say it depends upon what made the tree fall. If it fell on it's own, it would be the owner of the property from which the tree fell.

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  • by Possum on August 3rd, 2008

    Possum

    Your tree encroaching on neighbor's yard. Your responsibility.
    Count your blessings that it didn't fall on their car, house or kids-maybe trim occasionally?

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  • by singwell-is off researching a lot on August 3rd, 2008

    singwell-is off researching a lot

    you. unless it was struck by lightning.

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  • by Anonymous on April 21st, 2008

    Anonymous

    Yes, there are some variables in this hypothetical question, but the point is the tree fell onto another property. The issue is who is responsible. If the tree owner had no reason to believe the tree was in danger of falling and the tree fell, it is usually considered an act of God. I see this all the time in Florida and am sure in other states it occurs as well. The usual payout would be due to negligence. If there is no negligence, there is no responsibility. The damaged party CAN make a claim, subject to deductibles on their own policy. It would not only cover the damage, but the removal of the tree debris as well.

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  • by Daisy85 on August 3rd, 2008

    Daisy85

    I would say you should help clean it. And insurance may or may not covers any costs.

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  • by Moodyk on August 3rd, 2008

    Moodyk

    you both should clean it and i think that a tree falling on the house with out anyone cutting on it is considered an act of god

  • by Scifisuz on May 4th, 2007

    Scifisuz

    Um, the claimant can pursue the negligent party. If the owner of the tree had no knowledge of the possible risk, he's not liable. If there is no negligent party, then the claimant can submit to his own insurer for consideration. It may not be paid though if the co. considers it an act of god for instance. So he may get stuck.

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You're reading If a healthy tree that did not pose an immediate risk to adjacent property falls and causes damage to a neighbor's property, whose insurance is responsible? - which can also be phrased in the following ways:

  • My tree falls on the neighbors yard who cleans it and pays for the damage?

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