My Neighbor's Tree Fell on My Property: Who's Responsible?

A tree can fall over because it's diseased, dying, or for many other reasons. But if your neighbor's tree falls onto your home, who's responsible for the mess?

Fault can be tricky to determine, but the good news is you're likely to receive some coverage from your New Jersey homeowners insurance. A New Jersey independent insurance agent can make sure you're set up with the coverage you need so that you're protected whether the damage is your fault or not.

Who’s Responsible If a Tornado Drops a Neighbor’s Tree on My Property?

In the eyes of insurance, a tornado is considered an act of God. If a tornado caused your neighbor's tree to fall into your yard, you'd file the insurance claim with your homeowners insurance. 

Ultimately, no person is at fault for an act of God, so your insurance will approach the claim based on the coverage you have in your homeowners policy.

The only time your neighbor may be held liable for the damage is if the tree in their yard was neglected, and it could be proven that the neglect is what caused the tree to fall. Proving this to an insurance company can be tricky, so it's easiest to let your insurance handle it, since that's what it's for anyway.

What If the Neighbor Was Trimming a Branch from the Tree and It Fell on My Property?

If the reason the tree fell onto your property pivots from an act of God to an error by someone else, the fault could shift. 

The person or company that was trimming the tree when the branch fell into your property would be responsible for any damage they caused to your home or property. If your neighbor uses a tree trimming service, the company should have proper business insurance. If the neighbor was trimming the tree themselves, it would technically be their responsibility to pay for any damage caused to your property. If they refused to pay, you could file the claim with your home insurance to get reimbursement for the damage. 

Does New Jersey Car Insurance Fully Cover Damage to the Car?

Whether your vehicle is parked in a garage or outside your home, it's considered separate property from your home. This means any damage to your car needs to be claimed through auto insurance.

If your neighbor's tree fell onto your vehicle, you would file the claim with your auto insurance. You would receive coverage as long as you had comprehensive coverage. Comprehensive coverage is designed to pay for events that are considered non-collision, such as falling objects, hail, theft, and similar events.

When filing a claim against your comprehensive coverage, you're responsible for your deductible out of pocket before insurance pays. An agent can help you get secured with comprehensive coverage, so your vehicle is fully protected.

What Does Car Insurance Cover in New Jersey?

New Jersey car insurance is made up of several policies that protect you in the event of a collision accident, non-collision, liability claim, or another unexpected event. Some policies are required by New Jersey law, and others are optional.

Mandatory New Jersey auto insurance

• Liability insurance: Pays for damage you cause in an accident to another vehicle or property. Medical expenses are not covered under liability insurance in New Jersey. 
• Personal injury protection (PIP): Pays for medical expenses for any individual listed on your policy in the event of an accident, regardless of who is at fault. 
• Uninsured motorist: Pays for injuries and property damage if you're in an accident with someone not adequately covered. 

In New Jersey, drivers can choose between a Standard Policy or a Basic Policy. The Standard Policy offers more comprehensive coverage than the Basic, but both meet the state requirements. An independent insurance agent can help you determine which policy may be best for you. 

Additional auto insurance coverages

• Collision coverage: This covers the cost to repair or replace your vehicle if it is damaged or totaled in a collision, regardless of fault. 
• Comprehensive coverage: This covers the cost to repair or replace your vehicle if it is damaged or totaled by a non-collision event such as a hailstorm or theft. 
• Roadside assistance and rental reimbursement: This covers roadside assistance or a rental vehicle while your car is being repaired.
• Umbrella coverage: This provides liability coverage above and beyond your standard liability limits. It can cover injuries, property damage, certain lawsuits, and personal liability claims. 

If the Tree Lands on My Home, How Does My Home Insurance Cover It?

Your New Jersey homeowners insurance should cover damage from a tree falling on your home, but it will depend on your policy and your limits. Damage from a fallen tree would fall under your property coverage. This coverage includes dwelling and contents coverage.

• Dwelling coverage: This pays for damage to the structure of your home. Detached or "other" structures are also covered, but are separate from the main structure. Typically, other structures are limited to 10% of your home coverage. If you have structures like a shed, garage, or fence near a neighbor's tree, you may want to speak with your agent about the coverage options if a tree damaged one of these structures.
• Contents coverage: This pays for damage to the stuff inside your home. If a large tree were to fall through your roof and into your main living area, contents coverage would help pay for furniture, fixtures, and similar property damage.
• Additional living expenses: Home insurance also includes additional living expenses coverage, which would pay if you needed to temporarily leave your home while repairs are being made. 

Why Work with a New Jersey Independent Insurance Agent?

Insurance is designed for unexpected incidents that can cause damage to your home or vehicle. Whether it's an act of God or an error by your neighbor, if a tree causes damage to your property, you want to be covered. A New Jersey independent insurance agent can help you get the insurance you need.

Agents will speak with you, free of charge, to learn about your needs and your budget. They'll compare insurance costs and coverages for you and guide you in selecting the right policy. If you need to file a claim, an agent can help you through that process as well. Work with a local agent today.