Fallen Tree on neighbor home. Who's responsible if a neighbors tree lands on my home?

When an unexpected event causes damage to your home, it can be confusing to know who is responsible and what insurance covers. If a neighbor's tree fell onto your home during a freak storm, is it your responsibility or theirs?

Whether you own or rent your home, a Mississippi independent insurance agent can help you better understand your insurance coverages. Should you determine you need additional coverage, they can help with that too. But first, here's where the responsibility lies if a neighbor's tree damages your home.

Who’s Responsible If a Neighbor’s Tree Falls on My House?

If a neighbor's tree falls on your home and causes damage, the person that has to pay for the damage will depend on why the tree fell. 

If the tree broke during an act of God, such as a severe storm, then it would be your responsibility to pay for the damage or have it covered by your insurance company. If the tree fell because your neighbor was negligent in properly caring for the tree, then the responsibility could land in their hands. However, proving negligence to insurers can be tricky. 

You would file a claim with your Mississippi homeowners insurance policy no matter who is responsible for the damage. 

What Does Home Insurance Cover in Mississippi?

Mississippi homeowners insurance is designed to protect you from a variety of incidents that could cause damage to the structure of your home, the property, and your stuff inside it. It can also provide protection against liability claims.

Standard homeowners insurance includes four major coverages:

  • Structural damage: This covers the structure of your home, known as the "dwelling," for damage due to perils like fire, wind, hail, theft, vandalism, and similar events. Coverage extends to detached structures like garages and sheds.
  • Personal property damage: This covers your personal belongings inside your home, including furniture, electronics, collections, tools, and similar items, for the same perils as in the dwelling coverage.
  • Liability: This covers legal expenses, settlements, and medical bills if you're sued for third-party bodily injury or property damage in your home. 
  • Additional living expenses: If a huge pine tree falls on your home and it is uninhabitable, this covers living expenses you'd accrue from having to relocate while the house is being repaired. This coverage will pay for hotel rooms, eating out, and other daily expenses.

You can add additional policies to your home insurance policy if you need more coverage against specific events, such as flooding. An agent can work with you to determine the best coverages for your needs.

What If the Tree Fell on My Shed? Is That Covered Like My House?

Yes, damage from a fallen tree would fall under the structural damage coverage within your homeowners policy. Companies refer to this coverage as "dwelling" coverage, and it includes the structure of your home and any detached structures, like a shed. 

Sometimes there are unique steps that need to be taken to insure detached structures, so it's recommended to double-check your detached structure coverage and limits to avoid paying out of pocket for any damage.

Will My Mississippi Home Insurance Cover All the Damage?

Home insurance policies contain limits. A policy limit is how much your insurance will pay toward a claim after you've paid your deductible out of pocket. If a tree were to fall on your home, you'd be financially responsible for your deductible, and then your home insurance would pay for the claim up to your structural damage policy limits.

When determining how much structural damage coverage to purchase, considering the square footage of your home and local construction costs can help get you to a price. You can buy higher or lower policy limits based on your needs, and an independent agent can help you determine the right policy limit for you.

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

If your neighbor was trimming their tree, the event moves from an act of God to an event that could have been prevented. In this scenario, your neighbor could be responsible for the damage that the branch caused to your home.

The process of filing the claim would still start with your homeowners insurance policy. However, you would also provide your neighbor's insurance information so that your insurance could work with their insurance to settle the claim.

What If I Rent My Home?

If you rent your home, who has to pay for structural damage could shift depending on how the damage was caused. Once again, if a tree falls on your home during an act of God, no one is really at fault. In this case, the landlord would need to file a claim with their home insurance policy to pay for the damage to the home's structure. 

While you may not be responsible for the structure of the home you're renting, it is your responsibility if your personal property is damaged. Having renters insurance can ensure that you don't have to pay out of pocket if this happens. Renters insurance provides coverage in the following ways:

  • Personal property coverage: Will pay to repair or replace your stuff within the home, but only if it's damaged by a named covered peril in the policy.
  • Liability coverage: Pays for medical or legal fees if someone is injured or experiences property damage at your rented home.
  • Add-on coverages: Add-on policies are available for valuables, additional living expenses, flooding, and other unforeseen events.

The only time you could be held responsible for the damage is if something you did caused the tree to fall onto the home. An agent can walk you through scenarios of when you'd be covered and when you may be left financially responsible. 

How Can a Mississippi Independent Insurance Agent Help?

Unexpected events happen every day to homeowners. Home insurance exists to protect homeowners from unforeseen risks, but every home is unique. A Mississippi independent insurance agent understands the ins and outs of home insurance. Agents work with you, free of charge, to learn about your needs and then make recommendations for coverage. There's no obligation. An agent is there to answer your questions and help guide you in purchasing adequate coverage. 

Article reviewed by | Jeffrey Green

https://www.iii.org/article/which-disasters-are-covered-by-homeowners-insurance

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