My neighbors tree fell on our property damaging a boat, a storage building and some bikes.Are they liable?

Question

It was clear outside and the tree appears to be dying inside although the outside of it has leaves.

Answer 1

yea they'll need to contact their homeowners insurance

Answer 2

their homeowners insurance should pay up

Answer 3

Contact your insurance company, they will contact your neighbors insurance company and work it out with them.

Answer 4

Yes, but the insurance company may come back saying something like it was an "act of God" or "act of nature".

This happened to my brother. And all that did was take out a small section of wood fence.

Answer 5

Your neighbor insurance should cover the damage. Your home insurance should cover it also.

Work with your neighbor CALMLY, friendly and get the insurance deal with the money.

(never lose a good neighbor, nor a bad neighbor either; unless you are planning to move out).

Answer 6

Yes, their insureance should take care of it.

Answer 7

Yes,  They may have homeowner's insurance that will cover most or all of the cost.

Answer 8

They are not automatically liable just because it was their tree, contrary to what some of the people above have stated.

The only way they will be found liable is if you can prove that they knew the tree was a danger, or that they should have known the tree was a danger (the latter of which is nearly impossible to prove).

If the owner had no reason to believe there was anything wrong with the tree, then it will likely be deemed a freak accident, and they aren't going to cover you.

Your insurance may cover you, though.  Instead of fighting with your neighbor, notify both insurance companies and let them duke it out.

And if the tree is still there, take a ton of photos.  You might need them to prove your case.

Answer 9

Each state is a little different but in general you will have to show that neighbor knew or should have known about the tree and dying to create a tort liability

Answer 10

Your homeowners insurance will have to cover it.

Answer 11

yes, they are liable... their general liabilty on their homeowners policy will cover all damages....

and in the unlikly event that it doesnt, your wn insurance company will, and they will then go after the neighbor to recover the costs..