GAITHERSBURG, Md. — The shock has worn off after recent catastrophic storms, and many residents are now turning to practical questions in the aftermath.
Some of those have to do with insurance, and who pays when a neighbor’s tree or a municipal owned tree hits your property
Michael Barry of the Insurance Information Institute (III) has handled this question for WUSA9 before.
"The claim starts wherever the tree fell," Barry said. "So if the tree fell on your house, even if it wasn’t your tree, you should file a claim."
The same goes for damage to vehicles. Erin L. Webb, an insurance lawyer in the Washington, D.C. area, said there is a general rule when dealing with storm-related property damage caused by toppled trees.
"The general approach is 'your property, your problem,'" she said. "In other words, where the tree falls, that determines who will be financially responsible for removal."
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An important exception could occur only if you made a complaint or notification in writing about a neighboring tree threatening your property to the owner of the tree in a reasonable time before an unforeseen storm. Documentation, like photos, is recommended, according to insurance experts. In this circumstance, your insurance company could have cause to go after your neighbor for compensation.
If a neighbor's tree topples over onto your house due to neglect, your homeowner's insurance might be able to collect from the neighbor's insurance. Similarly, if a tree on public land topples over and damages a home, that homeowner's insurance might be able to collect from the city's insurance, if the tree's owner has been put on notice in writing, preferably with a certified letter.
Experts said that this process is known as subrogation.
"The homeowner's insurance claim should be filed by you because it was your property," Barry said. "Your home insurance will then turn around and go back to the municipality. It's a process in insurance called subrogation where the insurers figure things out backstage who owes what to whom."
In most jurisdictions, citizens with a concern about the safety of public trees can call 311 to report the situation.
Insurance experts also advised WUSA9 to watch out for being underinsured. Many homeowners policies might cover damage to your house, but may not fully cover removing tree debris on your property not directly related to the claim on the insured structure.
Insurance expert say about 20% of vehicle policies are not comprehensive and may not fully cover tree damage.
Insurance rates are skyrocketing, as climate change drives a record number of storm-related claims across the country.
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