When A Tree Falls, Who Pays?

WHAT HAPPENS IF MY TREE falls onto my neighbor’s property? Does my insurance pay, or does his?

M.U., Duluth, Minn.

- Kimberly Lankford

If your tree damages your neighbor’s house, garage, shed or fence, then his homeowners policy will generally pay to fix the damage. If the tree damages your neighbor’s car, the comprehensive coverage on his auto insurance usually pays for repairs.

However, if your neighbor can prove that you were negligent—if, for example, he had sent a letter asking you to remove a dead tree that an arborist had determined posed a safety hazard—he may try to get you to pay for the damage. “As a precaution, a homeowner should have an arborist conduct a tree survey every year,” says Rebecca Korach Woan, CEO of Chartwell Insurance Services in Chicago.

If the tree falls and doesn’t hit anything, your neighbor’s policy may pay only $500 to $1,000 (or less) for tree removal. You might want to offer to pay for some of the cleanup.