Damaged Trees and Damaged Property

If you have trees on your property that are tall, old or have branches that could potentially damage your property or your neighbors, you might want to work on securing those trees. Why? If you are not maintaining your tree and it damages your property, your insurance company could cite you as negligent.

Every policy is different, so ask your insurance provider for clarification if your homeowners’ insurance contract isn't clear. But according to attorneys, you could be held liable if your tree is dying or dead, it falls on your neighbor's property, and you did nothing to prevent property damage. In addition, your neighbor could file a lawsuit against you alleging negligence. If it turns out that you are legally responsible for the damage to your neighbor’s house, your carrier will pay for damages up to your policy limits. Similarly, your neighbor submits a liability claim against your homeowners’ insurance policy. If you can prove you did work to sustain your tree or brace it, you could defend yourself against a negligence accusation.

So what are some other potential scenarios when it comes to trees and homeowners policies?

A snow or ice storm causes a tree or limbs to crash into your home, garage or fence. Most insurance companies will pay for all such damages. They will also pay to have the tree removed. If your tree falls over or a branch breaks and it does not damage anything, insurance companies will not pay to haul your tree away.

A neighbor’s tree falls in your yard and damages your property. If a neighbor’s tree falls in your yard and damages your fence or any buildings, your homeowners’ policy will pay you for damages. If the neighbor was negligent, you could seek reimbursement from their policy. If a tree branch or tree falls from your neighbor’s yard and does not damage anything in your yard, insurance will not cover its removal.

A tree or branch falls on your car and damages it. If a tree or branch within your yard falls on your car, your homeowners policy will not pay for damages. You may want to check with your vehicle’s insurance policy.

Your beautiful tree that you have nurtured for years is damaged by a storm. Homeowners’ policies will not reimburse homeowners for the value of a tree destroyed by storms. Fire, explosions or vandalism, which are considered ‘named perils’ are considered reimbursable events.

What are some other things you should know about trees and homeowner’s policies? Here are some tips from the PCIAA.

* Report your damage as soon as possible.
* Take photographs of the damage. Make a list of everything you want to show the adjuster.
* Know the cost of your deductible. Some policies have a flat dollar amount deductible while others depend on a percentage of the home's value. Some claims may not be worth making.

Andrew Johnson is the owner of Central Texas Tree Care, a leading tree service provider in Central Texas (Travis County and surrounding areas) offering services such as pruning and removals, cabling and bracing as well as arborist reports, diagnostics, pest management, fertilization and Austin tree service trusts. For more information please visit http://www.centraltexastreecare.com.