This giant oak tree did damage well-exceeding my deductible, but also landed on my neighbor’s roof, doing quite a bit of damage there, too. I was told by several tree companies it will take a crane to move it before it could be safely cut up, which all needs to be done at once because there is no where to lay it without blocking the road. I’m not sure who claims what in this situation.

  1. 24 POINTS
    joe unger
    AG Insurance & Financial Solutions, Huntington, WV
    You claim the damage to the neighbor
    Answered on October 11, 2017
  2. 1844 POINTS
    David W. ClausenPRO
    Chief Executive Officer, Coastal Homeowners Insurance Solutions, Rocky Point, NY 11778
    It seems that you both will need to submit a claim. The portion that hit your neighbors roof would be covered by their insurance carrier (assuming they didn't send a written letter to your insurance carrier about it's condition). The portion that fell on your fence (hopefully still suspended on your neighbors roof and your fence) gets a little more complicated. This will vary company to company. I'd submit a claim and hopefully get a nice adjuster. This is how most contracts work in NY. Good luck!
    Answered on October 12, 2017
  3. 703 POINTS
    Everett Debrow, Jr.
    Principal Agent, Patriarch Associates,LLC, Opelika, Alabama
    WOW!
    The scenario you describe is simple; the property that suffers damage pays for the loss. The neighbor's homeowners' insurance will take care of them. Your homeowners' coverage should take care of your fence. The one thing that could complicate things is the fact that the tree was on YOUR property, so your neighbor's company may (and most likely will) contact your carrier about his damages,
    Answered on October 17, 2017
  4. 155 POINTS
    Marcus Nichelson
    Independent Agent, Tipton Hill Insurance, Kansas City, MO
    Hopefully you aren't still hashing out any details with the insurance companies at this point, but given the severity of the storm its possible. If so, here's my two cents for what its worth, first and foremost I would consult your agent before ever talking to claims. This will avoid submitting a non-pay claim on your history and shed light on the contract details of your policy. There's a gray area because insurance companies specifically adjusters will need to determine whether they want to claim the loss under a wind or hurricane peril. Now I am in Missouri so I don't know what the rules are regarding hurricanes. A lot of companies will not cover them because of their frequency and the potential severe damage they cause in coastal states.

    Now diving a little into the facts of the loss, your policy will cover your fence, shed, and driveway(considered an extension of the house). As for the neighbor's roof, assuming the tree was in good health and their is no negligence on your part to remove the tree if it was already falling or deteriorating then your neighbor's policy should cover their roof.

    Additionally, their may be more resources through the Federal or your state government's natural disaster relief program.

    Good luck and hoepfully this isn't on your plate anymore!
    Answered on March 26, 2018
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