When Trees Cause Trouble: Who’s Responsible for Repairs and Removal?

After Hurricane Helene's devastating effects on Georgia's Central Savannah River Area (CSRA), practically all residents were facing questions around what their insurance policies covered.

Given the hundreds of thousands of trees that fell, the primary issue was distinguishing: 1) whose responsibility it was for these downed trees; and 2) who was responsible for covering the resulting damage they caused.
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Here are three common scenarios to help you understand who’s usually responsible for repairs and whether insurance can help.

1. My Neighbor's Tree Hit My Car. Who’s Responsible for Repairs and Tree Removal?
In most cases, the owner of the damaged property (you) will need to turn to your own insurance. Here's how it breaks down:

• Auto Insurance: If a neighbor’s tree falls on your car, your comprehensive auto policy (not liability or collision) is what covers the damage.
• Tree Removal: Generally, since the tree caused property damage, insurance will cover removal (minus deductible). The question then becomes whether homeowner's or auto insurance covers this.  If the car is parked on your property, homeowners insurance usually takes over.  If your car is not parked on your property, then your comprehensive auto insurance coverage applies.  If you don't have comprehensive auto coverage in this latter scenario, then either you will need to approach the tree's owner to cover the cost or pay out of pocket for tree removal.

Important Note: If the tree's owner was negligent (e.g., ignored warnings that the tree was diseased or dying), their homeowner’s insurance may be responsible. However, proving negligence can be challenging.

2. My Tree Fell on My Neighbor’s House. Who Pays for Repairs and Removal?
This is a common scenario, and your neighbor’s homeowners insurance typically covers the damage to their house even if your tree was the cause.

• Homeowners Policy: Their homeowner's policy covers repairs to the house and may also cover tree removal if it damaged a structure.
• Exceptions for Negligence: If you knew your tree was in poor condition and didn’t take action, your neighbor could hold you liable. In that case, your homeowners liability coverage may kick in to help with their repairs and removal costs.

 
3. My Tree Fell, But Didn't Hit Anything. Is Removal Covered by Insurance?
​This depends on your specific homeowners policy, but in most cases:

• No Damage = No Coverage: If your tree falls and doesn’t hit a structure (house, fence, shed, etc.), most homeowners insurance policies won’t cover removal.
• Exceptions: Some policies might help if the tree obstructs driveways, walkways, or public access points. However, routine tree maintenance and removal of fallen trees without damage are generally your responsibility.

​Residents didn't expect the extent of damage that resulted from Hurricane Helene.  As with the ice storm these same residents experienced a decade before, people learned some hard lessons after-the-fact about being prepared for severe weather events.

Here are few thoughts about being as prepared as possible and covered for the unexpected before it happens:

• Minimize hazards on your property: Consider proactively removing trees that pose a hazard if there is a risk of falling onto your home or other significant structures.
• Communicate with Neighbors: If you notice a dangerous tree on someone else’s property, bring it to their attention early.
• Review Your Insurance Policy: Your homeowners and auto policies should have appropriate coverage.  For homeowners policies, consider opting for septic back-up and flood policies if any fluid/water sources are close by, especially up-hill, to your property. For auto policies, consider including comprehensive auto insurance and substantial liability limits.

As an independent insurance agent, I can help you better understand your insurance coverage and can find the right policy if you’re concerned about tree-related risks.

Call me today at:  706-726-1446.