Tree cutter hanging from ropes in a tree. If My Tree Cutter Drops a Branch on My Neighbor's Shed, Who's Responsible?

Tree maintenance is a part of home ownership. When a tree needs trimming, we often turn to the professionals to get the job done. Let's say your tree trimmer accidentally cuts a branch that falls onto your neighbor's shed, causing damage. Are you responsible for this mess or the tree trimmer?

A Kentucky independent insurance agent can help you understand your responsibilities and insurance coverages when it comes to home insurance. Situations are not always black and white, but an agent can ensure that you're protected when unexpected situations occur.

If My Tree Trimmer Damages My Neighbor’s Property, Who’s Responsible?

Any individual or company offering a professional service should be properly insured with business insurance. In fact, the law requires that any business with employees have certain coverages. However, the amount and extension of coverage vary, so it's on you, the homeowner, to check that whoever you hire to work on your home has proper insurance.

Assuming that your tree trimmer had proper coverage, they'd be responsible for the damage they caused to your neighbor's property. 

What Happens If the Tree Trimming Company Wasn't Insured?

If the company or individual trimming your trees did not have the proper insurance, you could be held responsible for the damage, depending on how the situation played out. 

If the damage was substantial and the next-door neighbor wanted to file a claim, they would do so with their home insurance company. If the insurance company denied the claim or didn't fully pay, the neighbor could potentially sue you or even the tree trimming company. 

If you were to get sued by your neighbor for the damage, the liability coverage in your home insurance would pay for the damage up to a stated amount outlined in your policy.

What If the Damage Causes Serious Injury and Litigation?

Injuries and litigation always fall under liability insurance. This includes if you cause damage to someone else's property, injure someone else, or are sued by a third party. 

Home liability insurance includes two primary coverages: 

  • Medical payments: Pays for injuries to a third party, such as your neighbors or guests, if a branch from one of your trees falls onto their property.
  • Personal liability:  Pays for property damage, defense, judgment, and settlement fees you may be ordered to pay if your neighbor sues you.

This coverage is part of standard homeowners insurance. Your policy will have a stated amount it will pay towards property damage to others. Your Kentucky independent insurance agent can help you understand the maximum that your policy would pay in this situation.

What Does Homeowners Insurance Cover in Kentucky?

Homeowners insurance protects you from a wide range of incidents, including trees falling on your neighbor's property and severe storm damage. Standard homeowners insurance is made up of several policies that protect your home, your stuff, and you against liability claims. These policies include:

  • Liability coverage: This protects you against claims of bodily injury or property damage filed by third parties. Legal costs, including attorney and court fees, are covered if you get sued.
  • Property coverage: This includes two sections, dwelling coverage and contents coverage, which protect the structure of your home against various perils like fire and lightning, as well as your stuff inside the house, against threats like theft.
  • Additional living expenses coverage: This coverage provides extra costs if you need to live elsewhere after a covered disaster severely damages your home. Covered expenses include hotel stays, additional gas mileage, and more.

These are just the basic coverages offered in Kentucky home insurance. You can work with your agent to add policies and coverages based on your risks and the type of valuables in your home and on your property.

Will My Kentucky Homeowners Insurance Offer Full Coverage for My Neighbor’s Property?

You purchase home insurance so that you have coverage when unexpected events occur. Your home insurance is not designed to protect your neighbor's property, but it may help out in some situations.

If your tree trimmer causes damage to your neighbor's shed, they would start by filing a claim with their home insurance. The only time the claim would come back to you is if they decided to sue you for the damage. You'd then bring your home insurance into the scenario, using your liability coverage if that occurred. 

Why Work with a Kentucky Independent Insurance Agent?

Homeowners insurance is designed to protect you and your home. When damage to a neighbor's property is involved, it can be tricky to know where you're protected and where you're left exposed. A Kentucky independent insurance agent knows the nuances of homeowners insurance and can answer any questions you have.

After getting you set up with the right homeowners insurance, they can help you navigate a claim if you ever need it. They can advise you on the proper steps to take and make sure that you're getting the protection you're paying for with your coverage.

Article Reviewed by | Jeffrey Green

https://www.erieinsurance.com/blog/neighbors-tree-falls-in
https://www.iii.org/sites/default/files/docs/pdf/HO3_sample.pdf

© 2024, Consumer Agent Portal, LLC. All rights reserved.