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Insured natural Acts?Fortunately, no one is held liable for acts of nature. If a tree fell on your house whether from your yard or some other yard due to a natural occurrence you should be covered under you own homeowners policy for the damage. Likewise if your tree fell onto your neighbors house, the damage would be covered by his or her Homeowners insurance.

I saw on one of the court shows where that exact thing happened. A tree fell into a neighbor's yard and damaged their fence. The neighbor tried to sue the guy who's tree had fallen. However, the judge said that it was not the guy's fault that mother nature caused the tree to fall. However, if the neighbor had given multiple written notices in advance asking the neighbor to please have the tree chopped down, the she would have had evidence that there was an on-going problem and the guy would have been responsible for damages to her fence.

The analysis is somewhat more complex, and involves the issue of negligence. Stated otherwise, if the was known, or should have been known, to be rotten or otherwise subject to collapse, its owner was responsible for attending to it. If it does cause damage due to its weakened condition, the owner's liability insurance should answer for the neighbor's damage. The failure to have attended to the tree when the owner know that it was likely to cause damage is the essence of negligence.

If, for some reason, the damaged party's insurer pays for the repair, it can subrogate against the tree owner (and his/her insurer) and attempt to recover its payment. That process is called subrogation.

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8y ago
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12y ago

Your insurance would be responsible for repair of the damage to your home.

If your neighbors property was also damaged in the event then the neighbors insurance will cover the neighbors property damage.

Nobody is liable for an act of nature.

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12y ago

If a tree falls due to a natural occurrence, No One is liable for an act of nature. It does not matter where the tree came from. Your insurance would fix your property and your neighbors insurance would fix his property in the same situation.

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7y ago

If the tree fell due to weather, the neighbor is not liable so it would have to be filed under your own homeowner's insurance. The neighbor is only liable if you can prove the tree was dead or dying and they did nothing to remove the problem.

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13y ago

Nobody is responsible or liable for an act of nature. Depending on the circumstance and the language of your Homeowners Insurance Policy you may have coverage for it's removal.

I'd recommend having the tree removed and keep the receipts for reimbursement from your insurer if you have appropriate coverage.

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9y ago

Fallen trees and Homeowners Insurance In the United States

No one is held liable for acts of nature. If a tree fell on your property whether from your yard, your neighbors yard, blown in from from some national forest down the street or some other yard due to a natural occurrence you are responsible for the removal of debris on your own property. You may be covered under your own homeowners policy for the damages and removal depending on the circumstances and on your insurance coverage. In many states, the tree must damage a structure for the debris removal to be covered. In almost all cases in the U.S. barring some proven negligence or proof of prior knowledge of impending damage it is our own responsibility.

Bear in mind that a homeowner is not expected to have the skills of an Arborists who could determine the helth of a tree. So basically our own insurance provides coverage for downed trees and other falling objects that end up on our property regardless of the source.

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It depends on the circumstances. If a tornado comes through town and pushes the tree over onto the car, then that would be considered an "act of nature." But only if the tree was sick and the neighbor knew there was a danger from the tree, only with proof of prior knowlege would the neighbor be responsible.

Bear in mind, these rules may be different in other countries.

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12y ago

Mother Nature might be the responsible party, but unfortunately, She does not carry a check book.

Such incidents are generally considered an "act of nature". No one is legally liable for an act of nature, and Homeowners property insurance does not cover damage to automobiles at all. That's what car insurance is for.

You will have to look to your auto insurance policy for coverage.

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8y ago

Felled and Damaged Trees

The responsible party would be Mother Nature. Unfortunately she does not carry liability insurance.

In general, no one is responsible or financially liable for acts of nature as they are beyond our control.

If your neighbor's tree or your own tree falls on your house, your insurance will cover you. If your tree gets blown into your neighbor's house, the same applies. His home insurance would cover him. It does not matter who's tree it was.

If the damage is that the tree is down somewhere out on the property, then it just depends on whether you have debris removal or landscape restoration on your policy. Otherwise each homeowner is responsible for the removal of that portion of the tree that fell on their own property.

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8y ago

You should discuss this issue with your homeowner's insurance company. Generally, you are responsible for the portion that lies on your property unless you can prove your neighbor's negligence caused the tree to fall. Acts of nature are beyond our control. If a tree fell on your house whether from your yard or some other yard due to a natural occurrence you should be covered under you own homeowners policy for the damage.

A tree owner must act reasonably to prevent trees from damaging the neighbor's property. Ignoring a damaged or unhealthy tree could create liability. If the tree was obviously dead and you had prior notice from obvious observation or actual notice from the neighbor you would owe a duty to abate that danger or hazard. Your failure to abate the danger may leave you legally responsible for the damage.

If you had notified your neighbor in writing of the possibility of damage from the tree and requested to have the tree trimmed or removed due to a dangerous condition, and your notice was ignored, then the neighbor may be liable for damages. A tree owner must act reasonably to prevent trees from damaging the neighbor's property.

If your neighbor's tree is in a dangerous condition, you should send a letter by certified mail to the neighbor (and if possible to their insurance company and yours) stating that they need to cut the branches or remove the tree to avoid any potential damage to your property. You should take some photos and keep them with a copy of the letter and the green card as proof of delivery.

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Q: Who is responsible if neighbors tree falls on your car?
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Who is responsible ofr tree falling on neighbors car in NJ?

If the tree was on your property then you are. If it was on theirs , then they are.


Who is responsiable when a tree falls on neighbors car?

Mother Nature would be the "responsible" party. The homeowner is not "liable" for acts of nature. Your homeowners insurance is not responsible for a natural act that causes damage to property of another. Your neighbors car is not listed as covered property on your Homeowners policy. Your homeowners insurance would also not pay if the tree fell on your own automobile. If a tree falls on someones car they should file a loss claim with their Auto Insurance Company. If they have comprehensive coverage then it will take care of their loss.


Tree falls on car in private parking lot who is responsible for car damages?

your auto insurance


Who is responsible for damage to your car if a tree falls on the car during an ice storm and you are leasing the house?

your mother


Neighbors tree fell on your house who is liable?

Barring some provable negligence, Nobody is liable for an act of nature. Your home insurance should provide coverage for a natural hazard such as this, Likewise if your tree fell on your neighbors house, the same would apply. The neighbors insurance would take car of the neighbors house.Depends on a lot of things. Generally, the tree is considered part of the land. Where it falls is who is initially responsible for the damages. From there, it gets legal depending on multiple factors.


Is the homeowner responsible if a tree falls on a car and kills the driver There was no wind or rain that day?

NO. A property owner is not responsible for acts of nature.


If a tree in my backyard falls and does damage to neighbors privacy fence is my HO insurance liable for all costs or is his?

No, His insurance will cover his fence. Your home insurance is specific to your property and no one is liable for an act of nature,


Is your landlord responsible if a tree limb falls and damages your car?

No. This is why landlords require tenants to carry renter's insurance. Call your car insurance provider.


Tree falls on car?

Hopefully you have full coverage auto insurance with comprehensive. The tree owner is not liable for damage to cars from falling trees unless you could somehow prove that he was knowingly or negligently responsible for the tree falling on your car.


Who pays if your tree falls on neighbors uninsured vehicle?

That's what auto insurance is for. Your neighbors auto insurance will have to cover his damages. In the United States. A property owner is not liable for acts of nature. It's no different than if his own tree fell on his car or if he was parked on a public street or if a tree was blown in from a national Forest down the road. No One is liable for an act of nature.


If a neighbor's tree falls on my car?

This is the same situation as in the house question. If a storm causes a tree to fall and it hits your car then your car insurance will be the only avenue to pay for damages to your vehicle. The only way the neighbor could be at fault is if the tree was dead and if the neighbors knew it was dead and did nothing about removing the tree. You would have needed to send them a letter informing them of the tree as well and asking them to remove it to secure the liability on their part.


Who is liable when your neighbors rotten tree falls on your house or car falls on your property?

In general, Nobody is liable for an act of nature. Your auto insurance comprehensive coverage would cover damages to your car. Your homeowners insurance will cover damages to your home. The neighbor would be liable only if your can prove the neighbor knew the tree was rotten and posed a risk. If a car falls on your property, that would mean a tornado picked it up and it fell on your home. You insurance would cover that damage.