Question

Tree limb snapped and damaged neighbors property who is at fault

We had a tree limb snap and fall into a neighbors yard. Our insurance agent said it was our responsibility but I have heard otherwise. It had been windy and a storm with heavy winds had happened a few days prior. The tree does not look to be rotting or any type of negligence.

Jun 7, 2018 Des Moines, IA

Answer
Ava Lynch

Jun 7, 2018

This can be a tricky subject. If the tree was healthy and fell due to a covered loss, which considering the storm you've experienced may be the case, your neighbor would need to file a claim with their home insurance policy. However, if the tree fell due to your negligence, which can mean you failed to maintain the health of the tree or otherwise, you would be responsible. In your situation, I would call your insurance company's claims department and see what they recommend. The only people that can determine fault after a claim are claims adjuster - so your agent very well could be mistaken. Best of luck.

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