Who pays?

Our neighbor’s large dead tree was toppled over by high winds, it had been dead for years and she did nothing. It was blown over onto our garage and did damage to the metal roof, cracked a support beam, not sure if the roof was actually punctured at this point. Also a section of her wooden fence was also crushed.The question is who should pay for our damaged garage and tree debris cleanup? Her Home Owners’ (HO) ins company says it is responsible for only damage on her property-which is about 5%, and we have to have our HO ins company handle our damage!

Another concern of ours is she has more dead limbs from another tree (also dead) overhanging on our property which I am concerned about, she is not concerned at all.


She pays


Sounds like it may be something you may have to get a lawyer involved in but I see no reason why you should be responsible for the damage. Even if you wanted to, you couldn’t have done anything to their tree so there is no reason you or your homeowners insurance should have to take a hit.


May depend what your particular state laws dictate. In FL, the property owner where the dead tree is located is liable. If the tree is healthy it changes the liability to the property owner where the damage was done. Sounds like you may need to prove the tree was dead. Look up your state statutes and don’t believe the insurance company.


Your neighbor’s insurance is responsible for this, no question. Get your agent to fix this.

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I am following this closely because we have neigbors with a a tree that clearly hangs over our home. I don’t believe it’s dead, but this information is important to me.


Your neighbor should pay. The trees are growing from her yard, and she’s clearly not maintaining them (dead or alive). I agree that you should get your attorney and insurance agent involved.

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Agree with the others – sounds like your neighbor is liable. I’d have your insurance send out an adjuster, who will hopefully see things in your favor.