Who pays for the deductible if neighbors tree falls on your property?

Answer 1

Falling Trees and Insurance U.S.The insured pays his own deductible. Deductibles are common on most types of Insurance policies. Your own homeowners insurance policy covers you if a tree falls or is blown into your property. This is what is known as an "Act of Nature". Trees do fall and sometimes die. It does not matter if the tree fell form a neighbors yard or a neighboring National Forest or if it blew in from 5 blocks down the street.

You can not require your neighbor to pay unless you could somehow prove that he was intentionally responsible for your damage. In the United States, just the fact that a tree was unhealthy would not indicate liability on the part of your neighbor.

Homeowners are not required to be licensed Arborist nor is a homeowner required by law to be competent to recognize an unhealthy tree. By the Same token if a tree fell down or was blown from your property onto your neighbors property the same rule would apply, His policy would cover damage and he would pay his deductible.

Natural Acts do occur everyday around the world. In the United States, the rules of liability were set down in legal precedent many years ago in relation to this type of loss.

Answer

you are responsible if a healthy neighbor's tree falls on your property - if the tree was diseased and have some visible rot - you may be able to make a negligence claim under your neighbor's policy