Well, since it is storming outside tonight, I thought it would be a good time to clear up one of the most common misconceptions when it comes to homeowner's insurance. I am asked about this all the time.
Let's say a storm comes through with high winds and your neighbor's tree falls over and smashes your wood fence, the kid's playset, takes out your deck, and part of your roof. When the storm clears, you go over to your neighbor and politely ask for his insurance information. After all, it was his tree that damaged my property! You start to envision that new playset, a new roof, new fence, and heck, might as well expand the deck while we're at it since his insurance will be paying for it, right? Wrong!
Sorry to say, but your neighbor's insurance will not be paying for your damage. You will have to file a claim on your own policy, and yes, your deductible will be applied too. This kind of occurrence is considered an act of God, beyond your neighbor's control. Unless your neighbor's tree was dead or rotten, you notified them about the danger it poses to your property in writing and requested they do something about it, they are not legally liable for your damage.
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Excellent post, Eric! As a catastrophe adjuster I also get asked that question frequently. I also get claims from people who say their tree fell on their neighbor's car. I'm not sure how that one gets past the agent or the claims hotline. :-)
ReplyDeleteGreat informative post you got here. It is better to be careful by watching out for some branches from a neighbors tree, in case they do not have an Alabama Insurance. :)
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