The neighbor’s tree fell on my roof, who pays? A desperate man calls the authorities to report that the neighbor’s tree has fallen on his roof, causing extensive damage. On the other end of the phone, a very slow voice asks if he was healthy or sick. To which the man replies:
鈥淔ortunately, I am healthy. The one that is damaged is my roof.鈥� The person on the other end of the telephone line insists on the question, “Was the tree healthy or sick?” The very upset and desperate complainant began to shout, what does it matter to me if the tree was healthy or sick, the complaint is that it has fallen on my house鈥�.
Although it may seem like a joke, it is crucial when processing this complaint, or making an insurance claim, to establish whether the tree was sick or healthy. And we explain why.
If your neighbor’s tree was sick and you can verify it with photos or previous reports and it falls on your property, the person responsible is the owner of the tree, since he should have taken the appropriate measures to avoid the tragedy.
On the other hand, if it is a healthy tree and it falls down pushed by a strong wind. It doesn’t matter who owns the plant, it’s your homeowner’s insurance that should cover the damage. They call this damage caused by the force of nature. In this case, the neighbor was not negligent.
The same would happen if the neighbor tries to cut down one of his trees and it falls on your roof. In this case, the neighbor is responsible, because it was not an act of nature.
He already knows, if he has trees on his property, you should take care of them. These must be well cared for and healthy. If one is sick or in danger of falling for any reason, you should call a specialized company to remove it. Of course, make sure that said company has insurance to avoid that if, when felling it, the tree falls on the neighbor’s roof, you will be found guilty. The neighbor’s tree fell on my roof, who pays?
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