Does homeowners insurance cover fallen trees from a neighbor's yard?

Your tree, their house, or theirs on yours

• Neighbor's tree on your house: your policy pays for your damage, minus your deductible.
• Your tree on the neighbor's house: their policy pays for their damage.
• Negligence changes it. If the owner of a dangerous tree ignored it, the injured neighbor's insurer can pursue that owner through subrogation, and the owner's liability coverage may pay.

How negligence is usually judged

Under the general rule followed in Georgia, a tree owner is not responsible for a healthy tree brought down by a storm, which is treated as an act of nature. Responsibility usually requires that the owner knew, or reasonably should have known, the tree was diseased, dead or likely to fall. Visible signs such as a dead canopy, large cavities, fungus at the base or a severe lean help prove that. A written warning delivered to the neighbor also creates a record they were told.

Getting your deductible back

If your insurer recovers from the negligent neighbor, it may reimburse your deductible from what it collects. Tell your adjuster about any evidence the tree was dangerous.

What to do

1. Photograph the tree, the stump and the break.
2. Get the tree off the house and the roof tarped.
3. File with your insurer and share any evidence of neglect.
4. Keep the conversation with the neighbor factual.

See emergency tarping and how to file a roof claim. For disputed liability, talk to a Georgia attorney.