my neighbors tree fell and damaged my garage. who is resposible?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Aug 29, 2011

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Insurance Question from Dedham, MA

Asked on 08/29/2011

my neighbors tree fell and damaged my garage. who is resposible? My neighbors tree fell down after a sorm and put a hole in the roof of my garage. Is his inurance liable? I live in Ma., if that makes a difference.

Answer given on September 03, 2011

If your neighbors tree fell on your garage during a storm, and the tree was healthy, he would not be considered liable for the damages. This type of loss is often referred to as an ” act of God” meaning there was no negligence involved with the loss.Your homeowner insurance should pay for the damages to your garage, subject to your deductible. You should call your insurance agent to report the claim and an adjuster will contact you and work with you on the repairs, and in finding a contractor. Since this was during a storm, your rates should not be affected by this loss, since it will likely be considered a catastrophic claim. Ask your insurance agent about this.However, if the tree was sick, or showing signs that it needed trimming or work, the neighbor may be responsible. However, I would recommend you file a claim under your policy and let your insurance company determine this. They may decide to go after your neighbor’s insurance to reimburse them for the damages.

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