How to handle tree damage claims after a storm

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If a tree falls on your home or vehicle, who’s responsible for the cleanup? That’s the question that came into our newsroom during a recent round of severe weather. Read on for steps consumers can take.

WEEKEND STORM BLOWS TREE DOWN

During a recent spring thunderstorm in North Texas, Audrey Day heard a crash outside her home. She looked out to see a tree on top of her car and a neighbor's pickup in the condominium complex parking lot.

“If I move my car, it probably will break his car. If he moves his truck, it will break my car,” said Day. “Right now, it's like a balancing act between both vehicles. They're both holding up the tree from further damaging the vehicles.”

That weekend, Day said her landlord referred her to the homeowner’s association to ask about removing the tree and dealing with the damage. A board member for the HOA tells NBC 5 the tree was in a common area, managed by the HOA.

“All I can do is just more numbers, call and try to get this taken care of because my kids have to go to school,” said Day.

HANDLING DAMAGE

Generally, if a tree that doesn’t belong to you falls on your vehicle or home, the Texas Department of Insurance said the person with the damage should contact their insurance provider.

“You'd call your insurance company to make a claim. Your neighbor is probably not going to be at fault for an act of nature,” TDI Spokesperson Ben Gonzalez said.

In certain situations, Gonzalez said your insurance may pursue another party after paying out your claim.

“One thing we learned during the freeze a few years ago is there could be some liability for a neighbor if a tree was already in very bad shape,” said Gonzalez. “Like if it was already rotten or dying and the homeowner knew about that or should have known about that.”

Even then, Gonzalez said the person with damage would contact their insurance, “You'd start by filing the claim with your own company and then they'll go pursue that with the other party if there's some liability elsewhere.”

IS REMOVAL COVERED?

If a tree falls in your yard and doesn’t hit a home or vehicle, would insurance cover cleanup cost?

The TDI said if the tree hit a covered structure like a detached garage or the tree is blocking access to the home, the policy may cover removal.

“If it’s just in the yard, they usually don't pay for cleanup. The key here is: did it fall on a covered structure? Then, the cleanup would be covered as part of a claim,” Gonzalez said. “Again, this is one where I think you call your company and ask what your specific policy covers.”

For tree damage to a vehicle, Gonzalez explains the car’s owner would tap into their comprehensive coverage policy to pay for damage outside of a collision.

“If you just have liability insurance, you're pretty much out of luck and you'd have to cover that yourself,” said Gonzalez.

CLAIM FILING TIPS

Before moving a tree or limbs, take photos and videos of damage. Make emergency repairs to prevent more damage, like covering a broken window to keep rain out. Save relevant receipts, including those made for emergency repairs.

Day said a crew eventually removed the tree. She said she’s starting a claim with her auto insurance to repair dents on the roof of her car and will let the provider take it from there.

If you have a general insurance-related question after a storm, you can try the TDI consumer helpline by phone at 800-252-3439 or online.

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