Should I pay if our tree causes damage?

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PostPosted: Tue May 21, 2013 12:38 pm   Post subject: Should I pay if our tree causes damage?  

The winds are not behaving properly these days, rather going wild often. I’m worried about the big pine tree in front of our gate. OUr neighbor parks his car just beneath it. Would I be liable if the tree causes any damage to the car? Or, would my homeowners policy pay it?


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DarrenSammy
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PostPosted: Wed May 22, 2013 8:18 am   Post subject:   

The best thing is to go by the clauses in your homeowners policy.



In general, damages caused by acts of God are the responsibility of the damaged. In your case, if a strong storm blows off your pine tree and causes damages to your neighbor’s car, his insurance company would be liable for the damages caused.



However, if a roofing material falls off onto your neighbor’s car during repairing works, you are responsible for the damages. If there is any dispute, usually the insurance companies work out.



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PostPosted: Wed May 22, 2013 12:56 pm   Post subject:   

I'm under the impression that its your tree. If correct then you are only liable if you were negligent in some way. You would have needed to known (or should have known) of some issue (defect) with the tree. Something like it was dying or something was wrong with it that could make it fall. Just a strong wind is not enough for you to be liable.

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