As a homeowner, you are responsible for maintaining the trees and structures on your premises. But what happens if a neighbor's tree falls on your roof, damaging it? Is your neighbor to blame, and how do you seek compensation to pay for the repairs?
The answer depends on a range of factors. An experienced storm damage lawyer can help determine your next steps.
Who Is Liable When a Neighbor's Tree Falls on Your Property?
When a neighbor's tree damages your property, your first instinct may be to make them pay for the repairs or attempt to file a claim through their insurance company. In reality, your neighbor likely isn't liable unless their negligence caused the tree to fall.
If the tree fell due to natural causes, such as a storm, your homeowners’ insurance will probably pay for the damage. Homeowners’ insurance generally does not care where a hazard originated. If your property endured damage due to a natural cause, your policy will likely pay for the repairs.
However, if the tree was diseased and dangerously leaning over your property, your neighbor may assume some of the liability. Your homeowners’ policy might not cover damage due to obvious neglect.
A storm damage lawyer can help you evaluate the circumstances surrounding your roof damage to determine who might be liable.
What To Do After a Neighbor's Tree Falls on Your Roof
The steps you take after a neighbor's tree falls on your roof can impact your chances of a storm damage insurance denial and significantly streamline the payout process. Generally, you should do the following immediately after the tree falls:
- Ensure the safety of your family and your property: Fallen trees and roof damage pose serious hazards to your property. Call 911 if you need emergency assistance.
- Take photos of the damage: If you are safely able to, take photos and videos of the damage before you or any professionals start making repairs. This will be helpful when you file an insurance claim.
- Tell your neighbor about the incident: Your neighbor might not be aware of what happened. Inform them about the accident and specify that their tree fell on your property. Sometimes, really good neighbors offer to pay for the repairs for you or take other steps to mitigate the damage, like help you with the tree clean-up.
- Alert your insurance company: The repairs may be too expensive to pay for out of pocket. Contact your insurance company and inform them about the damage. An adjuster will guide you through the claims process and determine whether the repairs are covered by your policy.
- Hire a property storm damage attorney: If you experience an insurance storm claim dispute or aren't sure what to do next, let a storm damage lawyer guide you through the process.
What If the Insurer Denies Your Claim?
If your homeowners’ insurance company denies your claim, a wind and hail attorney can review your policy and help you understand why. Perhaps your insurer wants you to file a claim through your neighbor's insurance instead. Or maybe they are claiming that your roof damage is not covered under your policy.
An experienced severe weather claim lawyer will help you appeal this decision if the adjuster acted in bad faith or explore other ways to pay for the damage, such as through a lawsuit against your neighbor.
Let Our Storm Damage Lawyers Guide Your Next Steps
Navigating the aftermath of serious roof damage can be overwhelming, especially when your neighbor's tree caused the damage. Let our attorneys at McLaurin Law PLLC guide you through this process and protect your rights.
Contact us today at 713-461-6500 for a consultation with an experienced storm damage lawyer.
