Tree falls on neighbors property during hurricane. My Neighbor's Property Damaged Mine During a Hurricane: Who's Responsible?

A Category 5 hurricane reaches wind speeds of more than 157 mph. At that speed, it would be no surprise if your neighbor's property blew into your yard and caused some damage. If a New Jersey hurricane causes this to happen, who's responsible? 

A New Jersey independent insurance agent can answer this question and other questions you have about homeowners insurance and the coverage it provides. If a hurricane blows through your neighborhood, here's how insurance can help.

Who’s Responsible If a Neighbor’s Property Damages Yours in a Hurricane?

Hurricanes blow near and through New Jersey each year. While there's a smaller chance that a hurricane will directly hit the state compared to other locations, extreme weather elements like wind and rain can still cause catastrophic damage.

Insurance companies consider hurricanes an act of God, and therefore, no individual is at fault when a hurricane causes damage. This means that any damage that your property sustains is your responsibility. The good news is that damage from hurricanes is included on some level in most standard home insurance policies. You can also secure additional hurricane coverage if you're at high risk so that you're protected.

If a hurricane was strong enough to blow your neighbor's property into yours, it probably caused additional damage to your property. Either way, you would start the claims process with your homeowners insurance to get reimbursed for the damage.

How Common Are Hurricanes in New Jersey?

It may not be on the list of the top five states that are most prone to hurricanes, but New Jersey is still threatened by these powerful weather events. Here's a look at some information on hurricane damage in the state and nationally.

  • There's a 1 in 200 chance that New Jersey will experience a direct hurricane hit per year.
  • Typically New Jersey catches the tail end of significant hurricanes as they work their way up the coast, calming before they get there.
  • August and September have seen 82 of New Jersey’s 117 hurricanes in its history.
  • Hurricane Sandy in 2012 and Ida in 2021 are the two deadliest hurricanes in their history.
  • The total approximate cost of damage from weather and climate disasters in the US from 1980 to 2021 is $2.155 trillion nationally.

What If I Don’t Have Hurricane Insurance?

Hurricane insurance is typically worked into standard homeowners insurance. In some instances where hurricanes are common, there may be a windstorm exclusion. If this is the case, you can purchase hurricane coverage to get the protection you need. 

Suppose you did not have a standard homeowners insurance policy with hurricane coverage or didn't have coverage at all. In that case, you'd be left paying for damage to your home or personal property out of pocket. The same goes for your vehicle. If you didn't have the right coverage, you would be left financially responsible for any damage that a hurricane causes.

Another instance where you could get caught without insurance is if your home is damaged by floodwaters from a hurricane. Flooding is excluded from hurricane coverage, so you would need a flood insurance policy to be protected. 

How Does Hurricane Insurance Work in New Jersey?

New Jersey is one of nineteen states with a hurricane deductible worked into insurance. This means you must meet your hurricane deductible before the insurance starts paying. Typically, this deductible is not a flat fee, but rather a percentage of the loss. 

If you have hurricane insurance or coverage for windstorm damage in New Jersey and need to file a claim, your policy will outline how it will reimburse you. Your policy will pay replacement costs or actual cash value for the losses. With replacement value, you get paid the full cost to repair or replace the item. Actual cash value factors in depreciation. 

Here's how hurricane insurance can help you 

  • Property damage coverage: Your home insurance policy will pay for any damage to the structure of your home, other structures, and your personal property.
  • Living expenses coverage: If a hurricane displaces you from your home, home insurance will pay your temporary living expenses, including hotel stays, gas mileage, meals, and other necessities, until you can return to your home. 
  • Flood coverage: Hurricane insurance should include flood coverage in the event that you have water damage from the storm. You would need to purchase a flood insurance policy separate from your homeowners policy.
  • Windstorm coverage: If high-speed wind blows the roof off of your home or breaks your windows, home insurance will help pay to repair or replace the damage.

An agent can walk you through your policy and discuss your coverages, deductibles, and where there may be gaps in hurricane coverage.

Do I Need Flood Insurance for Hurricane Damage?

Hurricanes produce a variety of weather elements, the most common being strong wind, flooding, and heavy rainfall. Damage from floodwaters is excluded in New Jersey homeowners insurance, so the only way to get coverage for water damage from a hurricane is with a flood insurance policy.

Flood insurance is sold through private insurers and the National Flood Insurance Program (NFIP). The more common provider is the NFIP, as it is government-backed and provides up to $250,000 in coverage for your home's structure and up to $100,000 for your belongings if they receive water damage from a covered event. 

The following personal possessions are covered by flood insurance:

    • Furniture
    • Clothing
    • Washers and dryers
    • Electronics

In addition, the following property is covered by flood insurance:

    • The foundation
    • Built-in appliances and refrigerators
    • Electrical and plumbing
    • Permanently installed carpet
    • Window blinds
    • Detached garages
    • Debris removal 

There is no workaround for not having the proper flood insurance. The NFIP has worked to make flood insurance affordable for all communities that need it, and your agent can help you secure this coverage.

How Does Car Insurance Help Protect Me from Hurricane Damage?

Even if your vehicle is parked at your home during a hurricane, it's considered separate property from your home. Any damage it sustains can only be covered through car insurance. Fortunately, having comprehensive car insurance will help pay for the damage.

  • Comprehensive car insurance: 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. This policy is not required by law in New Jersey, but your agent can help you add it to your coverages. Should you need to file a claim with your comprehensive policy, you'd be responsible for your deductible before the insurance begins paying.

New Jersey car insurance protects your vehicle in several other ways through various coverages. 

  • 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. 

Why Work with a New Jersey Independent Insurance Agent?

Hurricane insurance can be tricky because coverage is included in standard homeowners insurance, but there are often limitations. A New Jersey independent insurance agent can help you fill the gaps in your hurricane coverage and ensure that your home and vehicle are fully protected.

Agents will talk with you, free of charge, before shopping insurance quotes to present to you. They'll compare insurance costs and coverages with you and guide you on finding hurricane coverage that fully protects you and fits within your budget. 

Article Reviewed by | Jeffrey Green

https://www.state.nj.us/dobi/division_consumers/insurance/hurricane.htm

https://www.noaa.gov/education/resource-collections/weather-atmosphere/hurricanes

https://nj.gov/njoem/plan-prepare/hurricanes.shtml


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