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Can I Sue My Neighbor For Tree Damage?

Trees are a common part of most backyards and properties, and can cause damage due to various reasons. If your tree, or a branch from the tree, falls onto your neighbor’s property and causes damage to their property, who is responsible? While a tree may start out small and manageable, it can grow and expand so that branches eventually overhang a property line.

If the tree, or some of its branches, falls, it can cause serious damage to valuable property like a house, car, or boat. When this occurs, it’s important to figure out who’s liable to cover the resulting costs when it comes to property damage liability. Your Insurance Attorney is a top Miami Dade County insurance claim lawyer who will fight for your case. Call us today for a free initial consultation!

Who is Responsible For the Damage?

The majority of states rule that you are not responsible if your tree or any part of it falls on your neighbor’s property and damages it, if it is due to a snow storm, winds, hurricane, or other natural reasons. The neighbor affected will need to file an individual claim with their property insurer in order to receive reimbursement.

However, if the tree damage caused is a result of your personal negligence to your property (i.e you and your neighbors have been aware of an overhanging branch that has been dead for years, but you did not cut it down), then you are liable for the damage incurred.

Property Damage Liability And Ensuing Costs

If you end up being liable for your tree damaging your neighbor’s property, and your neighbors are filing against you in small claims or county court to seek reimbursement, it will be necessary to find out whether or not your homeowners’ insurance policy will cover the amount that your neighbors are awarded.

Some policies acknowledge coverage for claims only if there was no negligence, while other policies will cover claims regardless of policyholder liability. There are also policies that only cover certain types of damage, such as damage to physical structures, but not the land surrounding the structure.

You need to inspect your policy carefully, then confirm with your insurance agent. In such cases, an insurance claim lawyer such as Your Insurance Attorney may be important, in order to make sure your insurer will deliver on what it is supposed to cover and potentially to present a case in court. Sometimes if the damage is minimal, it may be best to simply bear the cost or most of it, in order to avoid likely increases in your insurance policy premiums.

Your Insurance Attorney

Falling trees or branches are common occurrences, and you should be prepared in a property damage liability case. Your Insurance Attorney is a top Miami Dade County insurance claim lawyer who will help guide you through your property damage case. Call us today for a free consultation!

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