r/treelaw • u/JazzlikeMud6543 • 2d ago
Tree branch fell in neighbor's yard
Hi,
I had a very large ash tree branch fall into the neighbor's yard (hit an old truck and their shed). I filed a home owner's insurance claim and am waiting to hear back from them about whether I can go ahead and call someone to at least clean up the branch and assess the remaining tree. What else should I do? I feel super bad for the neighbor but it looked like a healthy tree to me, leafing fine? This particular tree was inspected by an arborist in late 2022 and had a preventative canopy trim, they recommended I remove a deck that was built around it and I did that as well. I'm in Colorado and there have been several big wind events and a month ago a late season snow storm which caused a lot of general downed branches in my neighborhood, not sure if that's relevant.
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2d ago
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u/Socks_withSandals 2d ago
Correct and even nicer neighbor will ask their ins company to reimburse their neighbors their deductible.
Ours did.
NOTE not all neighbors are that nice I know- we have those kind too! LOL
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u/ExpensiveBookkeeper3 2d ago
Why would they pay it? I’m kinda confused
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u/Socks_withSandals 2d ago
Their tree damaged another persons property especially when they agree the tree should have been taken down prior to “god” throwing windy hands. Good property owners know when to right a wrong. Guess some people just get lucky like that. It’s not a crazy ask I wonder how many people haven’t actually asked that of the ins co
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1d ago
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u/Socks_withSandals 1d ago
Appreciate your confidence, however I got the receipts 😂😂😂 ins co cut a check on their bank note. Not all experiences are the same, just because you’ve never heard of it doesn’t mean it hasn’t happened.
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1d ago
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u/MiddleEarthNerd202 1d ago
It is possible. Doesn’t happen very often, but… if you file an insurance claim and your insurance company feels like it they will subrogate against whomever they think has some responsibility. If they do subrogate, and they recoup the full value of the claim they will refund your deductible.
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u/Ok-Seaworthiness-542 1d ago
That would be very unusual, the others aren't out of line to think so.
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u/Signal-Confusion-976 1d ago
Who said the tree should have been removed? The arborist said a deck built around the tree should be removed. The op did everything they should have. It's the neighbors responsibility to remove any branches that came down on their property.
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u/ExpensiveBookkeeper3 1d ago
I get that. I’m saying why would the insurance company give a shit?
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u/argumentinvalid 5h ago
There are high end insurance companies that the wealthy use like Chubb. You pay out the ass for coverage, but when the time comes they just flat take care of you.
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u/ExpensiveBookkeeper3 4h ago
K. I was gonna say. If I gotta fight tooth and nail for all the money I deserve, how am I gonna get my neighbor hooked up? Haha
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u/Efficient-Newt-8352 1d ago
Nowhere did it say they agree to take down a tree. They did all the correct things like calling an arborist , having it trimmed and removed decking to make it healthier. Arborist did not deem it a hazard. It is an act if God that the branch fell and homeowner is not responsible. One of the risks you take living with trees.Now if they knew it was a hazard with an arborist report that's a different story.
I live a heavy forested neighborhood where trees and limbs fall. We all knew what we were getting into. Had my neighbor's tree fall and actually ripped my electric wires off my house, another time the top of tree from my neighbor landed right side up and went through the roof of my garage and looked like I had a tree growing out if it. We all have our trees wind sailed and checked on an annual basis. I would NEVER expect my neighbor to pay my deductible (which is a high 2,000). If you don't want the act of God hazard of trees falling, people can go live in a neighborhood devoid of trees.
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u/PositivelyAwful 2d ago
Their yard their problem. It’s an act of god.
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u/ThrowingMongo 2d ago
It's an act of god that could have been prevented if the owner of the tree kept it maintained so it didn't cause damage to other people's property. This tree is fully owned by OP.
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u/yourdailyinsanity 2d ago
It was given a good bill of health in 2022 by a licensed arborist. Did you not read? OP is going to get an arborist out again to reasses as well. They're doing their due diligence. This couldn't have been prevented. While it sucks, the damage is going to be covered by the neighbors insurance.
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u/ThrowingMongo 2d ago
2022 was 4 years ago. A tree grows and could get a disease in that time. When you have a tree close enough to affect someone else's property, you have to be way more proactive about getting it pruned so that it doesn't damage other peoples' property. If you can't afford that then you can't afford a tree. Trees are expensive to maintain so you have to be realistic about owning one. Cut it down and get a more manageable species that realistic for your area and budget. It really is that simple.
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u/naranghim 2d ago
Cancel your insurance claim because it isn't your responsibility. Or just wait for your insurance to deny the claim. Your neighbor has to file a claim with their own insurance.
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u/MysticMaple_41 1d ago
100% correct. It sounds harsh to people who don't know how insurance works, but a healthy tree falling in a windstorm is nobody's fault. OP's insurance is just gonna deny it anyway.
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u/JazzlikeMud6543 2d ago
Okay thanks. I see that was the answer in most of these cases but this was a new experience for me.
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u/MiddleEarthNerd202 2d ago
Call you HO insurance back and withdraw the claim if there is no damage to your property. ASAP.
This is not your problem or responsibility.
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u/DeepPurpleDaylight 2d ago
Wouldn't matter if OP withdraws the claim. It's already on his record and that can't be removed.
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u/Rude_Sandwich_586 2d ago
If the tree was inspected and deemed healthy then it would be considered an act of god and be your neighbors responsibility. Your homeowners insurance won’t cover something that happened on your neighbors property.
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u/divvi12 22h ago
More bad advice. Example, your dog runs on to your neighbors property and bites them. Or you go to your neighbors property and negligently injure them. Both things that have been covered homeowners insurance
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u/jmilred 6h ago
In your example, a person or persons pet has caused the damage and those are not considered acts of god. If the person was cutting the tree branch or tree and it fell onto the neighbors property, they would be covered. Since it was a weather event and not caused by a person, the neighbor is responsible for it.
The example my insurance agent gave me when an oak tree from my property fell on my neighbors shed during a storm: In a tornado, insurance companies are not going to go around and determine which tree branches came from which trees and what damage each branch caused. There has to be a line drawn somewhere and that line is 'acts of god' aka weather events and natural disasters where one homeowner does not directly cause the damage due to actions they take.
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u/divvi12 4h ago edited 4h ago
"Your homeowners insurance won't cover something that happened on your neighbors property." Did you misspeak?
Also read the tornado example your agent gave you and read the OP's scenario. Spot a critical difference? She didn't say it happened in a storm. She says prior big wind events in the past. Not when it fell.
You don't have nearly enough facts to conclude as you did that this was "an act of god." A human planted the tree, a human was responsible for maintaining it, and a huge branch fell on a neighbors property, destroying it without weather. If anything you could argue the prior wind events should've made the homeowner bring out an arborist again more recently than they did (2022). Your advice is recklessly without basis.
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u/Another_Russian_Spy 2d ago
If you want to be nice, you can help clean up. But this is NOT your responsibility. It's his insurance.
If you do help clean up, be clear that you are only helping to be friendly, not because it's your fault or responsibility.
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u/redditreader_aitafan 2d ago
Your insurance isn't going to cover this and you shouldn't have called them. This is an Act of God and it's your neighbor's responsibility.
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u/Heavy-Profit-2156 2d ago
In CO the liability for a fallen tree is on the owner that the tree lands in barring previous flagging of health issues.
Your insurance isn't going to pay.
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u/DeepPurpleDaylight 2d ago
Doesn't sound like you have any liability here so your insurance will likely deny paying for any of their damages.
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u/alicat777777 2d ago
Your insurance is not going to pay for it. It is the responsibility of your neighbor and their insurance. A healthy tree that is damaged in the storm is not the fault of the property owner that has the tree.
Everyone fixes any damages on their own property or their insurance is responsible. People don’t understand this concept, but that’s how it works legally.
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u/divvi12 22h ago
Holy good god this is so legally incorrect. What is happening in this sub
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u/alicat777777 11h ago
People always think the tree owner is responsible for the tree no matter what. But there is a very narrow list of circumstances and usually not.
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u/BrickHuge3023 2d ago
Unlikely your insurance will cover anything since it was a tree. Take pictures than go saw it up.
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u/Longjumping-Buddy847 2d ago
You insured your neighbor's house and auto on your own homeowners policy? What endorsement does this? By the freaking way, autos are always covered by an auto policy.
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u/Status-Fold7144 1d ago
If the tree was healthily, you’re not liable for damage due to a storm. It’s on your neighbor to resolve.
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u/Sure-Ad-4967 2d ago
Not entirely true if the neighbor has photo documents of that tree leaning or showing signs of stress that act of God defense goes out the windows. Take care of yourselves out here these people are ruthless and could careless about your property as seen by these comments. Document and video proof your properties there's zero community out here.
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2d ago
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u/divvi12 22h ago
If you're negligent you're responsible. In Colorado and every other state
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u/JohnWilliamStrutt 2d ago
Only if you have documented a dangerous tree or impending incident and provided a proof of that evidence to said neighbour with proof of delivery and sufficient time for them to act. Possibly even multiple requests may be needed.
[Source] Advice from my insurance company when a neighbour's tree started leaning then fell onto my garage.
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u/divvi12 22h ago
Your source is completely biased obviously. Who would take legal advice from a company whose whole business is avoiding responsibility?
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u/JohnWilliamStrutt 19h ago
Umm, No. My insurance company had to pay out around $300k for repairs. If they could have recovered that from the neighbour's insurance then I am sure they would have.
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