Cases of trees falling on cars and houses happen often and could raise many questions and lead to stress. This is something you wish should never happen, but life has a way of bringing into the picture the things you don’t anticipate. When a tree falls on your car, this becomes an insurance nightmare, because it may appear like a simple situation then turn out more complicated than you thought. So, who becomes responsible when a tree falls on your house or car and it was planted on the neighbor’s side?
Insurance coverage
The first solution you have in place to cater for the damages done by the tree is your insurance coverage. In this case, primary homeowners insurance will come to play to respond to the claim. But who is responsible if the tree was on your neighbor’s compound? This is easy because your insurance cover caters for all misfortunes that occur without being specific on the source. What you are looking at in this case is the extent of damages and your personal insurance will provide the needed relief for the damages. Many homeowners’ insurance covers have an adequate protection that covers the removal of the tree and any damage caused to the house or car. However, you should not expect the cover to replace the tree, shrubbery, or damaged lawns.
What happens if your neighbor was inattentive – negligent?
Suppose during the claim process you discover that your neighbor was negligent and effectively caused the tree to fall to your compound, it’s up to your insurer to attempt to claim reimbursement through their insurance coverage. It can be challenging to prove that your neighbor caused the damage. While processing your claim, it’s also advisable to submit a copy of the letter to the municipal construction department notifying them of the negligence and inattentiveness of your neighbor. This will help to bring to the attention of the neighbor their involvement in the damage and the need for their input to cover damage done by this lack of attentiveness.
Consult your attorney
A case like this where a tree falls into your compound and causes damage has a legal perspective. It’s important to get the opinion of your attorney to understand the right action to take. This is especially important if the damage emanates from a tree planted in the compound of your neighbor. It amounts to negligence and you can structure your claim in a manner that takes into account the involvement of the neighbor to avoid undue costs.
Damage to your car
Besides placing a claim on your house, you might also need to pursue compensation for your damaged cars. With comprehensive coverage, you are protected from a number of damages including natural disasters like volcanic eruptions, tornadoes, and earthquakes. The cover also takes care of damage caused by fire, riots and vandalism, contact with animals, broken windshield, theft of the car or its parts, and fallen objects including trees, branches, projectiles, or ice. If your car was insured under comprehensive insurance, you will have it easy because the cover offers protection for damage arising from fallen objects.
In case the tree was from your neighbor and it damages your car, sometimes you don’t want to blame your neighbor. It could lead to unneeded tension. The good news is that you most probably will not need to involve your neighbor in the compensation when such a situation presents itself. You should proceed to file the claim through your auto insurance company. However, if you had warned your neighbor of the impending danger of the tree falling and they ignored a request to trim it, then you have a case. The case can fall on the neighbor for ignoring certain warning signs.
Steps to follow after tree falls on your car
As soon as damage is done to your vehicle, you should contact your insurance agent. They will help you to work around this stressful situation. In your conversation, ensure to provide as much information as possible. After you are done sharing the information, do these things:
- Take photos of the damage caused
- Remove debris and be careful not to hurt yourself or cause more damage
- Confirm your policy limits
- Ensure you can pay your deductible
A tree falling on your property is an unfortunate situation that many people don’t want to run into. It could be from your compound or your neighbors. When this happens and damage is done to your car or home, you should embrace the legal route and seek the intervention of your insurance company. Report the damage to your insurer as soon as you discover it and provide as much information as possible. Also, talk to your attorney to get direction on what to do if there is a legal perspective on th
