If a tree falls, do you know if you're insured?

PRIME November 2012 By Henry Stimpson Special to PRIME Who's responsible for paying for the property damage caused by falling trees? "That topic creates as much confusion as anything related to insurance," Donna O'Meally, a veteran agent with Harrington Insurance Agency in West Springfield, said. "Most people don't understand that if your neighbor's tree falls and damages your house, shed, fence, pool or lawn, it's most often your problem, not your neighbors." According to O'Meally in those cases, "You have to file a claim with your homeowners insurance company, and the usual deductible applies." Similarly, you're not responsible for any damage your falling trees cause to your neighbor's property. An exception to this situation is when you or your neighbor could be held responsible for the damages due to negligence. Let's say your neighbor's tree is rotted and in danger of falling. You asked your neighbor to remove it, and the neighbor refused. One day it topples and hits your house. Then, O'Meally said, you'd have a good case that your neighbor is responsible for the damages. To proceed with a claim, you'd need a copy of your tree removal request letter to your neighbor and photos and a tree specialist's opinion would help prove your case. With this documentation, your neighbor's home insurer might agree to pay for all the damage to your property plus clean-up costs, and there'd be no deductible on your part. Be aware, however, that state laws regarding negligence vary. Paying for the removal of fallen trees from your property is another issue. Most standard home policies provide up to $500 for tree removal, but you can get more coverage for a small extra premium, O'Meally said. What about the cost of replacing damaged trees, shrubs and other plants? According to O'Meally, there's no coverage for wind damage, but fire, lightning, vandalism and theft are usually covered. This coverage is limited to 5 percent of the amount of the insured value of a policyholder's house, with up to $500 reimbursement per tree or plant. Trees damaging cars and vice versa O'Meally noted that damage to your car from falling trees or tree limbs is covered under the comprehensive part of your auto insurance policy, provided you have purchased that coverage, which also provides protection for damages from fire and theft. This coverage applies whether the car is parked or you're driving it. In the same vein, O'Meally said if you drive into a tree or limb, the damage to your car will be covered by your own collision insurance. On the other hand, if someone runs off the road and severely damages your trees or shrubs, that vehicle owner's auto insurance should pay for your damages. However, if you do the same to your own property, your own auto policy won't cover the damage to your greenery, O'Meally said. Harrington Insurance Agency (www.HarringtonSaves.com) is an insurance agency with locations throughout Massachusetts. A member of the Arbella Insurance Group, Harrington Insurance represents many national and regional insurance companies.