When the Wind Blows: What Happens If Your Tree Falls on a Neighbor’s House?

It was a quiet Sunday afternoon when the storm rolled in. Winds picked up, the sky darkened, and within minutes, the towering oak in Jason's backyard was leaning. Before he could process what was happening, the tree came crashing down - not into his own yard, but straight through his neighbor’s roof.

The next day, Jason was flooded with questions. Was he responsible? Would his insurance cover the damage? Should he be expecting a lawsuit from next door?

If you’ve ever worried about this scenario, or been through it, you’re not alone.

Who Pays for the Damage?

Here’s the general rule: If a healthy tree falls due to an "act of God" such as a storm, strong winds, or lightning, then the neighbor's own homeowners insurance is typically responsible for covering the damage. This falls under the neighbor’s policy as a property damage claim caused by a covered peril, such as a windstorm.

So in Jason’s case, assuming the tree was well-maintained and not diseased or dead, his neighbor’s insurance policy would respond under the dwelling coverage section to pay for the repairs. If the tree happened to damage a car in the driveway, the neighbor’s auto policy (under comprehensive coverage) would respond there.

But What If the Tree Was Neglected?

This is where things change. If the tree was clearly dead, dying, or diseased, and the owner knew or should have known it posed a danger, then the responsibility may shift. If your neighbor can prove negligence (e.g., they warned you about the tree, or you ignored a recommendation to remove it), then your liability coverage under your homeowners policy could be triggered.

In such cases, your insurer may step in under personal liability coverage to pay for the damage and even legal fees if a lawsuit arises.

What about Cleanup?

Most homeowners policies include limited coverage for tree removal, typically from $500 to $1,000, but only if the tree damages a covered structure. If it falls in the yard without hitting anything, removal might not be covered at all, regardless of whose tree it is.

How to Avoid Trouble

To avoid unwanted surprises:

• Regularly inspect and maintain your trees.
• Remove dead or unstable trees promptly.
• Document any communication with neighbors about hazardous trees.

The Bottom Line

If a healthy tree falls during a storm, your neighbor’s insurance would usually handle the damage. But if you’ve neglected a known risk, your liability coverage could come into play. When in doubt, contact our office and, as a best practice, check on those trees before the next storm rolls through.