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Who Is Responsible for Fallen Tree Damage? In most American states, if your tree or any part of it falls on your neighbors' property and causes damage to their property through no fault of your own (due to a snow storm, winds, hurricane, or other so-called"act of God"), you are not responsible. Your neighbors will have to file a claim with their own property insurer if they want to be reimbursed for their loss.
This will likely come as a surprise to your neighbors!Estimated Reading Time: 6 mins. Aug 02, If the tree fell following a storm, your neighbor is not responsible.
Unless, of course, the tree was dead, at-risk, unhealthy, and liable to fall at any time. You can claim on your auto insurance if you have comprehensive coverage, and they may attempt to recover the claim money from your neighbor's home insurance. A homeowner would most likely be held liable for damages for a tree that fell on a neighbor’s property if they had received prior notice from a professional that the tree was hazardous.
In New York state, this would occur if, for instance, a property owner has been informed by a tree service that there is a dead tree on their property.